Insurance and Premise Liability Claims in Pennsylvania
February 19, 2019
If you have been injured on someone else’s property, you may be looking to sue for their negligence. Maybe a neighbor did not properly maintain their bushes which covered the sidewalk, leading to a trip and fall. Perhaps a restaurant owner did not salt the icy pathway to their building. Or maybe you walked by a private contractor’s construction zone and something fell on you. Regardless of your circumstances, there are premise liability claim options for you.
Is a Premise Liability Case Worth Opening?
One of the most important things to consider in a premises liability claim is if it is even worth opening in the first place. Unfortunately, not all property owners have the assets or financial means in which to cover your injury costs. If you are suing a family with meager means for issues that occurred on their property, chances are they wont be able to cover your injuries. You would end up paying all these costs with an attorney, only to get barely any return, even if you win the case. Businesses tend to be a safer bet when it comes to these kinds of claims, unless it is a really small start up.
Insurance Coverage and Policy Limits Regarding a Certain Premises
Another issue is that not all premises are even covered by insurance. Not everyone takes out homeowner’s insurance for instance. If someone doesn’t have the insurance, you would have to go after their personal property, assets, and bank accounts, which may or may not actually cover your injury costs. Usually if a mortgage is involved though, homeowner’s insurance is required. It isn’t a guarantee however.
It is also important to consider policy limits. If the property you were injured on is of low value and your injuries are of high cost, there is a possibility that the insurance policy that is taken out for it won’t even provide you with a settlement that would make the lawsuit worth it.
Considering Insurance Policy Exclusions
Another factor to consider is that not all homeowner’s or property insurance will even cover injuries happening on that premises. Certain scenarios fall under a different category completely. For instance, if a friend is under the influence of drugs and attacks you, this would not fall under property insurance. You would have to file for a personal injury lawsuit due to someone’s own personal negligence and violent behavior, going after their personal assets and funds directly.
This can also apply to intentional reckless behavior. If you run onto someone’s property and purposefully climb a well-indicated electrical fence, that most likely won’t be covered. Just because you get injured on someone’s property does not make you entitled to a premises liability settlement. There has to be negligence from another party. A qualified attorney can help you discern if you have a case involving negligence and premises liability.
Contact a Pittsburgh Personal Injury Lawyer to Discuss Your Premises Liability Case in Pennsylvania
Did you or a loved one sustain serious injuries due to someone not maintaining their premises in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Quinn Logue, LLC represent clients with premises liability cases in Penn Hills Township, Mount Lebanon, Bethel Park, Scranton, and throughout Pennsylvania. Call (412) 765-3800 or email us to schedule a free consultation about your case. We have an office conveniently located at 200 First Avenue, Third Floor, Pittsburgh, PA 15222 as well as an office in Scranton, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.