The Role of Premises Liability Insurance Policies in NJ Lawsuits
When you are open for business, you want customers crowding your aisles, ready to buy your goods and services. As such, you market to invite people to your space. So, when a customer is injured on your property, you likely face a premises liability claim. Sellers and buyers legally share a two-way relationship. Store owners lure customers onto their property, and shoppers expect a safe environment. Under premises liability law, the owner or possessor of property is responsible for injuries to others caused by unsafe conditions on their property. Premises liability insurance covers claims for personal injury lawsuits. At Cohen & Riechelson, we help clients throughout Mercer County, Burlington County, Middlesex County, and Southern New Jersey navigate these complex liability insurance claims and protect their interests. Contact us today at (609) 528-2596 for a free consultation to discuss your premises liability concerns.
Expansiveness of Insurance Coverage for Premises Liability Incidents
New Jersey premises liability law obligates an owner or occupier of property to protect visitors from known hazardous conditions by regularly inspecting the premises for dangers and repairing or warning them of known safety risks. The most common premises liability incidents vary depending on the property and circumstances.
Slip and Fall Accidents
For example, slip-and-fall accidents can occur just about anywhere. A spill on the supermarket floor leaked oil at a mechanic’s garage, or dropped ice cream cone at an ice cream store can cause an unsuspecting visitor to slip and fall on a hard floor, injuring their back, neck, and muscles.
Dog Bites
Another common premises liability incident is the dog bite. People visiting homes as guests or drivers delivering packages to a house with a known reactive dog may end up with premises liability when the owner’s dog bites an individual invited to their home.
Commercial Property Elevator Accidents
Other incidents occurring at hotels, apartment complexes, and business buildings are elevator accidents. A defective elevator can injure occupants when it abruptly stops, falls, or opens in between floors. Passengers can suffer broken bones, whiplash, and concussions for severe mechanical failures.
Negligent Security
Location matters, too. A convenience store in a poorly lit strip mall, a sports arena with too few security guards, or a residential condominium complex with a broken security gate can be sources of inadequate security negligence. When an occupant or visitor is a victim of crime due to poorly maintained and secured property, they may sue the owners or occupiers for premises liability.
Swimming Pool Accidents
Public and private swimming pools are breeding grounds for slip and fall accidents, drownings, and illness when the water is unsanitary, the pool equipment is not maintained, or lifeguards are missing or negligent in watching for unsafe behavior. A family vacationing at a hotel pool may sue when their young child drowns unnoticed among a crowd of rowdy teenagers in the pool.
Parking Lot Accidents
Parking lot accidents are common, too. Poorly lit, maintained, or guarded parking lots can injure people tripping over potholes, falling on ice, and withstanding an assault on their way into a convention center, shopping mall, or casino.
Premises Liability Insurance: Balancing Property Owner Protection and Victim Compensation
The Claims Process
Those injured on another’s premises may file a claim for compensation for their injuries. If the property owner is covered with premises liability insurance through their business or homeowner’s insurance, the claim will go through the claims process.
Basic Protection
Premises liability insurance covers injuries occurring on the insured’s premises, so a property owner does not have to pay the injured party reimbursement out of their own pocket. So, anyone tripping and falling on the property can cover their medical and other costs and losses through the owner’s policy. Typical policies cover negligent security claims and property hazards like swimming pools.
Types of Insurance Policies for Accidents on Properties
A business or residential property owner may carry one or more of several types of insurance to cover accidents on their property.
General Liability Insurance
For instance, general liability insurance covers the types of injuries that may happen when an owner inadequately maintains their property to safeguard visitors. However, it also covers damages employees cause to visitors’ property and harmful advertising practices, such as stealing someone else’s marketing materials and ideas. It may also include coverage for any property damage resulting from the operation of a business.
Commercial Property Insurance
Commercial property insurance covers owners for assets on property they own or rent for business. It does not cover premises liability lawsuits. As such, business owners typically carry commercial and general liability insurance.
Covered Individuals
Premises liability insurance covers property owners for injuring tenants, visitors, or others due to the owner’s negligence. In legal terms, those allowed to enter the premises, or licensees, such as delivery people and the gas company, are covered, as are invitees, who are invited onto the property, like customers. Trespassers are not covered in most cases.
Important Exclusions
However, a policy may cover business owners, property managers, landlords, and property management companies. Injured employees are typically not covered since worker’s compensation covers them.
Roadmap to Dealing with Insurance Companies for Property Injury Claims
The first step after an injury at someone’s home or business is to report the incident to the appropriate party, the owner, manager, or company administration right away.
1. Reporting the Incident
Finding out who is responsible for maintaining the property or for the dangerous condition that injured you is a critical next step after seeing a doctor. The property owner or a third party, like a utility company that left broken pipes or a hole on the premises, may be responsible for the injury-causing condition.
2. Contacting Insurance
Knowing who is responsible will help identify the right insurance company to cover your claim. Contact the insurance company promptly so you do not give them a reason to deny your claim. Insurance companies seek ways to avoid paying out on claims or minimizing the amount to be paid. Delaying a report to the insurance company may cast doubt on the seriousness of your claim or violate reporting deadlines.
3. Communication Guidelines When Dealing with Insurance Companies
When communicating with the insurance company’s claim department, be sure to give accurate and truthful details about the accident. An insurance adjustor assigned to your claim will investigate what happened, so you do not want to risk losing credibility by exaggerating the facts or misleading the insurer.
4. Recorded Statements
Once an adjuster contacts you about the claim, they may want to take your statement by phone and record it. The insurer can use your statement against you if it is inaccurate or you forget significant information. The questions may confuse you or even be calculated to confuse you. Avoid recorded statements without the presence of legal counsel to protect you.
5. Documentation Requirements When Building Your Case
Document everything carefully, including what occurred at the scene of the injury, who said what, who was present, who took photos, whether surveillance cameras were operating, and all interactions and communications that follow the incident and your pursuit of a claim through the insurance company. Keep all correspondence and carefully maintain it in files for future use.
6. Evidence and Settlement
You will need evidence to prove your claim. Negotiating a settlement for your economic and non-economic losses depends on solid proof of the premises owner’s liability and your damages, including medical costs, lost earnings, and pain and suffering. An insurance adjustor will try to challenge your claim in whole or part, so you want compelling evidence to back up your claim. Hiring a premises liability attorney to handle your claim and the negotiations is wise. Not knowing premises liability law and insurance companies may put you at a distinct disadvantage during settlement negotiations.
Considering Filing a Claim for Injuries on a Premises? Know the Deadline
You must file a lawsuit to preserve your claim. New Jersey law requires that you file a premises liability lawsuit within two years of your accident. The statute of limitations is the lawsuit filing deadline, after which you lose your right to file a claim. While insurance companies may stall, attempting to deny or limit the claim through policy exclusions or challenges to the evidence you present, you cannot negotiate endlessly. That’s why you need a lawyer on your side.
Cohen & Riechelson’s Attorneys Can Handle Premises Liability Insurers and Secure the Compensation You Deserve in New Jersey
Legal representation is crucial when you file a premises liability claim in New Jersey so that an insurance company will not bully you. At Cohen & Riechelson, our attorneys know your rights and can fight a denied claim or push for a higher settlement when an insurance company tries to lowball a settlement offer. We analyze and familiarize ourselves with your case on a deep level, understanding the chances for success in front of a jury and what is favorable to you in settlement negotiations. Insurance company tactics challenging liability or the extent of your injuries can only go so far when a knowledgeable lawyer at our New Jersey law firm is by your side.
We will protect your rights by doing everything necessary to prove and support your claim. We will negotiate forcefully with the insurance company with proof of liability and damages to maximize your rightful compensation. You should not have to suffer losses due to another’s negligence. Through dealings with uncooperative insurers and litigation at trial, if necessary, our NJ premises liability lawyers will help you get the financial support you need to recover from your injuries after an accident, as well as monetary compensation for the unimaginable physical and mental toll that you have been forced to bear. We proudly serve clients in Mercer County, Somerset County, Camden County, Burlington County, Middlesex County, and across New Jersey. Contact us at (609) 528-2596 today for a free consultation about your case.
