The Role of Insurance in Premises Liability

If you’ve been injured on someone else’s property, an insurance company is likely going to be involved in the equation. They are providing coverage to the responsible party, and they have a legal obligation to step into the shoes of their policyholder. This means that you will have a tough fight when you are seeking to receive compensation for your injuries.

The best way to remove the barriers that stand between you and the settlement check you deserve is to contact an experienced premises liability attorney. The personal injury lawyers at Nix Patterson can lead this fight for you when you hire us to represent you.

Types of Insurance Coverage Premises Liability

Homeowners insurance is one type of coverage that may pay for premises liability damages. Homeowners purchase coverage not only to protect their homes but also to protect them from liability for accidents that happen on their property. A homeowners’ insurance policy often provides several hundred thousand dollars of protection for the homeowner. If the insurance policy is not enough to cover damages, the homeowner can be personally liable.

Businesses will have a commercial liability insurance policy to protect them. This coverage would pay for damages that occur when someone is injured on the business’s premises. They would be wise to purchase a large amount of coverage to protect their own assets when someone is injured on their property.

A business may also have an umbrella policy to provide excess liability coverage. In some cases, the commercial liability insurance policy is not enough to pay settlements and jury Awards when someone has been seriously injured. An umbrella policy provides an extra level of protection that can keep the business from losing assets when it is on the wrong side of a judgment.

Typical Insurance Requirements

Texas does not have a law that requires businesses to purchase commercial insurance. Unlike car insurance for drivers and workers’ compensation insurance for employers, general liability insurance is not mandatory for businesses. However, a business would be advised not only to have a policy but also to have enough coverage to protect it from a lawsuit. If a business does not have commercial liability insurance or does not have enough coverage, you may even be able to seize its assets once you have one in judgment.

Mortgage lenders do require homeowners insurance when they lend money. They do not want the home that is collateral to be irreparably damaged without anything to pay for it. However, the requirement for homeowners insurance is just to have enough coverage to rebuild the home fully in case it is destroyed. It is up to the homeowner to determine how much they want in liability protection and an umbrella policy.

How Insurance Can Affect the Outcome of a Premises Liability Claim

One of your main concerns is whether there is enough money to pay for your damages. When you have suffered a premises liability injury, you may be legally entitled to a substantial amount of money. The fact that the property owner has an insurance policy means that there is a pool of money available to you to pay for your damages. However, it also introduces an insurance company into the case, which could make your life harder.

Before you can get any compensation, you may need to go through the insurance company first. Even if you file a lawsuit against the property owner in court, they would likely be defended by their insurance company based on the terms of their policy.

Insurance companies step into the shoes of the business, and they will defend against your claim if necessary. They play multiple roles in the claims process. They may negotiate a settlement when they step into the place of their policyholder. They may also provide an attorney to defend the case if you file a lawsuit in court. Never forget that the insurance company is your adversary, and they want to save money at your expense whenever possible.

The Duty of Care in a Premises Liability Case

When a property owner opens their premises to the general public, they take on a duty of care. It does not matter whether they have given you a specific invitation to enter their property. Simply being open for business and opening their premises to the general public implies that the property owner must exercise reasonable care to keep you safe on their property.

Most often, you would be considered an invitee on the property if you are a business guest. Invitees are on the property for a commercial transaction. The property owner must protect you from reasonable risks that they are aware of and foreseeable risks that could be identified after a reasonable inspection. This is the highest level of care that a property owner owes to someone else.

If you have been invited onto the property as a social guest, you are a licensee. The property owner still owes you a duty of care, but it is slightly lower than they would owe to an invitee. Essentially, you would need to prove that the property owner knew or should have known about a dangerous condition that you could not have known about and they did not alert you.

Understanding Fault and Insurance Claims

The insurance company works the same way a jury would. Before the company will pay any claim, it needs to be persuaded that its policyholder was at fault for the premises liability accident. If you do not have compelling evidence that meets your burden of proof, the company may deny the claim. Then, you may be forced to file a premises liability lawsuit because you would not be able to work with the insurance company.

The insurance company would use the same standard as a jury would use in a premises liability case. Here, you would need to prove that the policyholder was negligent. In a premises liability case, negligence means that the property owner or the person in control of the property did something that would be considered unreasonable under the circumstances.

You have the burden of proof to demonstrate that the property owner was to blame. You would meet your burden of proof by presenting evidence that shows what happened. The insurance company may decide to accept liability and make you a settlement offer. Alternatively, they may deny your claim entirely or attempt to partially blame you for the accident.

How Insurance Companies Can Make Your Life Harder

Insurance companies are notoriously difficult in premises liability cases, especially when they involve a slip-and-fall accident. They take a “prove it” attitude, denying your claim unless you present compelling evidence. Insurance companies are all about protecting themselves from liability, and they do not want to pay the full value of your damages.

Not only does an insurance company cast a skeptical eye upon your claim, but they may also not hesitate to blame you for the accident. For example, the insurance company may blame you in a slip-and-fall case, arguing that you did not take the appropriate amount of care of yourself.

They could argue that you assumed the risk of a certain injury by undertaking a certain activity. Texas law prohibits you from recovering any financial compensation if you were more than 50% to blame for the accident. Even if you bear less than half the blame for the accident, your compensation would be reduced by your percentage of blame, costing you money that you need to pay for your injuries.

Further, even if an insurance company is willing to offer you a settlement, it would likely not be for anything close to the amount of your real damages. Insurance companies are known for making very low settlement offers and then trying to wear you down in negotiations. The only way that they will pay up is if they know that there will be consequences if they do not.

How a Lawyer Helps You to Deal with the Insurance Company

Insurance companies do not respect individuals who try to approach them on their own. They would certainly welcome you with open arms because they know that they can get the better of you and the legal process. Insurance companies fear one thing in the legal process, and that is being held accountable by an aggressive and experienced premises liability attorney.

A premises liability attorney helps you in the claims process in numerous ways, including:

• Gathering the evidence that you need to show that the property owner should be liable for your injuries
• Handling all communications on your behalf with the insurance company and keeping them from contacting you
• Estimating the value of your damages so you know how much to seek in a claim or lawsuit
• Preparing and filing a claim or lawsuit on your behalf
• Developing your case by gathering evidence through the discovery process and the lawsuit itself
• Negotiating a settlement agreement on your behalf or taking your case all the way to a jury trial

Perhaps the most important word that a premises liability attorney can use on your behalf is “no.” They can push back against the insurance company when they either wrongfully deny your claim or try to underpay your damages. At the end of the day, insurance companies fear litigation the most and having a premises liability attorney on your side hammers that point home for them.

Our lawyers can help you with the following types of premises liability cases:

• Slip-and-falls
• Supermarket accidents
• Negligent security
• Swimming pool accidents
• Stairway accidents
• Fires

When you need a premises liability attorney, hiring them does not cost you anything upfront. Any personal injury attorney will work for you on a contingency basis, meaning they are only paid if you win your case by receiving a settlement or jury award. You do not take on any financial risk when you get help from one of our attorneys.

Contact Our Texas Premises Liability Lawyers Today

When you need a tough premises liability lawyer to go to the mat for you, reach out to the determined attorneys at Nix Patterson. You can schedule a free initial consultation to speak with an attorney by reaching out online or calling us at 512-328-5333. Remember, you won’t pay anything unless we win.