The Reinsurance Association of America notes that premises liability lawsuits are rising, becoming “increasingly complex,” and leading to substantial jury verdicts. While the Bureau of Justice Statistics reports that 75 percent of premises liability lawsuits involve plaintiffs suing businesses, average homeowners still face a staggering number of these claims each year. Homeownership comes with many responsibilities, including financial burdens and maintenance requirements. The legal responsibilities associated with homeownership are perhaps lesser known. If someone gets hurt on your property, are you liable?
This is a question homeowners may ask themselves after someone slips and falls, falls down a staircase, or is attacked by an animal on their premises. The answer is not always clear, and homeowners may want to discuss their unique situations with New Hampshire personal injury attorneys. Expand upon this discussion by contacting Friedman & Bresaw, PLLC at (603) 707-4800. We serve homeowners in Meredith, Belknap, and Laconia Counties.
How Premises Liability in New Hampshire Works
Premises liability is a legal concept that makes homeowners liable for the safety of other people on their property. In other words, a homeowner is responsible for what happens on their property. This responsibility may also extend to tenants and property management companies, depending on the circumstances. Anyone with “control” over the property could have a legal duty of care to keep it safe. These individuals may breach this duty in various ways, causing or contributing to accidents that lead directly to injuries. However, homeowners are not liable for all injuries on their property. In order to make a homeowner liable, the injured party must first prove negligence. The only exception is in the case of a dog attack, where “strict liability” applies. Under this doctrine, proving negligence is not always necessary.
Homeowners Are Not Liable for Certain Types of Accidents
Homeowners are not liable for certain types of accidents that occur on their property. This is something people may want to consider when asking: “If someone gets hurt on your property, are you liable?” Perhaps the most obvious example involves trespassing, and a homeowner should not face a lawsuit if a trespasser becomes injured on their property. For example, someone might have ventured into their backyard without permission. If this person slips on an icy walkway and suffers a broken hip, the homeowner would likely escape liability. The logic is that a homeowner cannot ensure the safety of people if they are not aware of their presence on the property. Note that if a homeowner becomes aware of trespassers but fails to do anything about it, this defense strategy might not hold up during a premises liability trial.
Common Defenses for Premises Liability Claims
A general lack of awareness may also form the basis for many other premises liability defense strategies. For example, a homeowner might throw a party with numerous guests. If some of the guests bring fireworks without the knowledge of the homeowner, the homeowner would likely escape liability for any subsequent firework injuries. In this situation, the guest also caused their injuries without any contributions from the homeowner. This “contributory negligence” can form the basis for many other defense strategies. If someone enters a property and acts in a highly negligent manner, the property owner should be able to avoid liability. This logic also applies to dog attacks in which the alleged victim provokes the animal beforehand.
These are only a few examples of defense strategies for homeowners, and Friedman & Bresaw, PLLC may be able to provide further insights.
How Does Property Insurance Help After an Injury on Your Property?
Standard property insurance policies should cover the cost of premises liability claims. After an alleged victim files a lawsuit against the homeowner, the homeowner can turn to their insurer for assistance. The insurer is then responsible for representing the homeowner throughout the claim, and this often leads to a financial settlement. Insurance companies generally try to keep these claims out of the courtroom, preferring to negotiate in private with the plaintiffs. These negotiations often result in the insurer offering the plaintiff a sum of money. If the plaintiff accepts, they lose the right to sue the homeowner in the future. The homeowner can also avoid admitting any fault or liability in connection with the accident. This is how insurers, homeowners, and plaintiffs resolve most premises liability claims.
Things to Consider About Property Insurance
However, there are a few caveats to consider when it comes to property insurance. First, the policy may not cover the damages in full. If the injury is particularly serious, the plaintiff might pursue tens of millions of dollars in compensation. If this amount is higher than the policy limit, the homeowner might be responsible for paying the difference. Some homeowners are forced to sell their primary residences and other assets to pay these sums.
Secondly, the property insurance company could attempt to deny coverage. Insurers are infamous for reviewing the “fine print” of policies to search for any potential way to deny coverage. Insurance is a business, and insurers are concerned with their bottom lines first and foremost. Finally, settlement negotiations can always fail. If this occurs, then the claim will go to trial. Trials are inherently unpredictable, and “nuclear” jury verdicts are not unheard of.
Learn More About Premises Liability With Friedman & Bresaw, PLLC
While the threat of a premises liability lawsuit is something that all homeowners should be aware of, negative consequences are far from guaranteed. Insurance can mitigate this issue to a considerable degree, and defendants may explore various defense strategies when facing these claims. Legal assistance could be helpful in this scenario, and an experienced premises liability attorney in New Hampshire may be able to help homeowners explore their options. Of course, each accident is slightly different. While online research may provide broad information that applies to most claims, a more targeted approach could be beneficial.
During a conversation with Friedman & Bresaw, PLLC, homeowners may be able to discuss their unique circumstances in more detail. They may also ask their lawyers questions, such as: “If someone gets hurt on your property, are you liable?” Homeowners in Meredith, Belknap, and Laconia Counties may wish to contact us at (603) 707-4800.
