Homeowner's Insurance for Slip & Fall Injuries in Kansas & Missouri
A slip and fall accident happen everyday in Kansas City and throughout Missouri and Kansas. Our Kansas City slip and fall law firm has helped victims injured in slip and falls in retail stores, restaurants, apartment complexes, government buildings and private property.
Falls at another person’s home can cause traumatic injuries that result in significant medical bills, loss of income, pain, and suffering. If you fall at someone’s home, who is at fault and responsible for your damages? What's a fair settlement? Must you sue the homeowner for the injury, or should you file a claim against the person’s homeowner’s insurance coverage? Our Kansas City slip and fall attorney can answer those questions for you.
Premises Liability Claims Against a Homeowner
A homeowner has a duty of care to maintain his or her property. Failing to maintain property could be considered negligence in what is known as a "premises liability claim." For example, a homeowner could be liable if you fall on ice or snow while walking in the owner’s driveway or if you fall while walking up the steps because of a broken step.
Determining a homeowner’s liability can be complicated. There are limitations to what a homeowner must do to protect visitors. If the homeowner acted reasonably in maintaining the property and taking precautions against injury, the owner might not be liable for your fall. If the owner is not liable for your fall, homeowner’s insurance will not apply.
When Does Homeowner’s Insurance Cover Slips and Falls?
If a property owner is liable for your fall under premises liability laws, the homeowner’s insurance coverage may apply. Because homeowner’s insurance policies differ, a thorough analysis of the applicable policy is necessary to determine if the homeowner’s insurance policy covers your slip and fall accident.
Most homeowner’s insurance policies contain liability coverage. Liability coverage applies if someone is injured on the property. However, there could be exclusions and limitations. For example, the policy limits may not pay for all damages caused by the slip and fall. The policy may exclude certain activities or circumstances. In that case, you would need to look to the property owner for payment of your damages.
Another provision of a homeowner’s insurance policy that might apply in slip and fall claims is medical coverage. A homeowner’s insurance policy might contain a no-fault medical payment provision that pays for medical bills related to covered injuries. The coverage amount for medical payments may be much lower than the liability coverage, but it could help cover some medical expenses after a fall at someone’s home.
Did Your Actions Contribute to Your Injury?
The theory of contributory fault might also apply in your case. If your actions contributed to the cause of your fall, the homeowner’s insurance company might argue that you are not entitled to full compensation for all damages. Your compensation could be reduced by the percentage of fault assigned to you by a jury.
An experienced Kansas City slip and fall attorney can examine the homeowner’s insurance policy and the circumstances related to your fall to determine your best option for recovering compensation for your damages.
Contact a Kansas City Slip and Fall Attorney for More Information
The Law Office of Kevin J. McManus handles slip and fall cases in Missouri and Kansas. Contact our office by calling 816-203-0143 for a free consultation with our slip and fall attorney in Kansas City, Missouri.