When an injury accident occurs on private residential property in New York City that the property owner failed to keep reasonably safe, they may be liable for compensating the injured party for their financial and personal injuries and losses through their homeowner’s insurance coverage.

In most cases, the owner of the private property’s homeowner’s insurance will pay for the harm resulting from a slip and fall accident at a private residence. Seeking maximum compensation requires understanding the relationship between slip and fall accidents and homeowner’s insurance, how liability gets established, and the types of compensation you can pursue.

What Are Common Causes of Slip and Fall Accidents at Home?

Many potential hazards can lead to slip and fall accidents in a home. Some of the most common causes of these accidents include the following:

  • Wet or slippery floors — Leaks, spills, and freshly washed floors can easily cause accidents when proper warning signs are absent.
  • Poor lighting — Dimly lit areas reduce visibility and open the door for tripping, slipping, and falling. Stairwells and hallways are common areas for these kinds of accidents.
  • Cluttered walkways — When pathways cannot be safely navigated due to clutter, it creates a significant tripping hazard.
  • Uneven or damaged flooring — Uneven floorboards, loose or broken tiles, or torn carpets can easily catch a foot and cause a dangerous fall.
  • Weather conditions — Wet or icy weather can make outdoor walkways and indoor entryways slippery. Homeowners are legally obligated to remove these hazards.

How Can You Prove the Homeowner Is Responsible for My Injuries?

For a successful slip and fall accident claim, the injured party must prove their injuries resulted from the property owner’s negligence. Relevant evidence may include some or all of the following items:

  • Accident scene evidence — Photos and videos of the accident scene, including the hazard, other dangerous conditions, and any visible injuries, will help show how the accident occurred. The evidence can also highlight the property owner’s failure to maintain reasonably safe premises.
  • Incident reports — The property owner or manager may have completed an incident report after the accident. Obtaining a copy provides official documentation of the accident.
  • Witness statements — If anyone witnessed the accident or observed the hazardous conditions previously and noted the property owner’s failure to address them, their statements can serve as strong evidence for your premises liability claim.
  • Maintenance records — The property owner’s failure to address the hazard may be documented in maintenance records. These records demonstrate that the liable party didn’t meet the expected standard for maintaining safe premises.
  • Medical records — You must prove that the accident occurred due to the property owner’s negligence and that your injuries were the result of that accident. Medical records can corroborate your claim.

Obtaining all of this evidence can be challenging, so it will be vital for you to work with an experienced slip and fall accident attorney. They can contact and interview witnesses, collect incident reports and maintenance records, and maintain accurate, comprehensive documentation of your accident and injuries.

If I File a Lawsuit, Am I Suing My Friend or Their Insurance?

Pursuing a slip and fall accident claim can be challenging when your injuries occurred on a friend’s property. Regardless, you should not suffer physical pain, emotional trauma, and financial distress caused by their negligence. More importantly, it’s generally not your friend who will pay your claim. Instead, your friend’s homeowner’s insurance policy should cover your damages.

The lawsuit triggers the property owner’s insurance coverage. From there, your slip and fall accident attorney will present your case to the insurer and negotiate a fair settlement with them.

What Does a NYC Homeowner’s Insurance Policy Typically Cover?

New York City homeowner’s insurance policies mainly protect the property owner from costly damage to their home and personal property. However, they also offer protection from any accidents in the house that the property owner may be legally responsible for. The most common forms of homeowner’s insurance coverage in NYC include:

  • Dwelling coverage — This homeowner’s insurance covers repairing or rebuilding damage to the home’s physical structure caused by fire, weather events, vandalism, and accidents. Sometimes, a slip and fall accident claim might involve dwelling coverage. For example, if the accident resulted from a collapsing stairwell, then a structural defect in the home may be the cause of the injuries. Compensation may come from the homeowner’s dwelling coverage when that’s the case.
  • Personal property coverage — This coverage protects the belongings inside the home from damage or theft, including furniture, appliances, electronics, clothing, and other valuables. Generally, this insurance coverage is irrelevant to slip and fall accident claims. However, if personal property caused a trip hazard, you may pursue a claim under this coverage.
  • Liability coverage — This coverage is the most likely part of the homeowner’s insurance policy to provide compensation for your injuries in a slip and fall. It provides coverage for injury and property damage within the home when the property owner is responsible. The baseline liability coverage in most NYC homeowner’s insurance policies is $25,000, but some policies offer more coverage.

What Damages Could I Receive from a Slip and Fall at Another Person’s Home?

When it comes to slip and fall accidents and homeowner’s insurance, the compensation you may be entitled to recover will reflect your financial costs and the physical and emotional damage caused by the accident. The most common forms of compensation in a premises liability claim include:

  • Medical expenses — The responsible party may be liable for some or all of the medical costs associated with your injuries, such as ambulance services, ER visits, doctor’s appointments, surgeries, medical devices, prescription medications, physical therapy and rehabilitation, and future medical costs.
  • Lost wages — If you missed work for doctor’s appointments, surgeries, or simply because your injuries left you unable to perform your job, you may be entitled to compensation for your lost wages. The compensation could cover hourly wages or salary, commissions and tips, missed raises or promotions, sick days and vacation time, and diminished earning capacity.
  • Pain and suffering — Physical pain and mental anguish can often be the most significant consequences of a slip and fall accident. Your slip and fall accident attorney can help you quantify those consequences and seek just compensation.
  • Emotional distress — Slip and fall accidents and their resulting injuries can often have lasting emotional impacts. If you’ve suffered anxiety, depression, or post-traumatic stress disorder (PTSD) symptoms from the accident, you may be entitled to compensation for the emotional distress they’ve caused.

What Do You Do If Your Claim Exceeds the Homeowner’s Insurance Limits?

Homeowner’s insurance policies have limits, and not all premises liability claims can be adequately covered. When that’s the case, you may pursue other options, including the following:

  • Umbrella insurance — Some homeowners carry umbrella insurance policies that provide additional coverage that may provide the compensation you’re entitled to receive after a slip and fall on someone else’s property.
  • Personal assets — When the homeowner owns significant personal assets, they may be liable to pay the difference when your claim exceeds their insurance coverage.
  • Other liable parties — Some cases involve negligence from multiple parties. For instance, a contractor whose work did not meet safety standards may also be responsible for injuries caused by that subpar work.

Seeking compensation when the liable party’s homeowner’s insurance does not cover the entirety of your claim can be challenging. An experienced slip and fall accident attorney can help you determine your legal rights and options.

What If I Was Partially Responsible for My Slip and Fall Injuries?

Not all slip and fall accidents are the full responsibility of the property owner or a third party. However, you can still seek compensation for your injuries. New York operates under a comparative negligence system regarding personal injury claims. In this system, you can still pursue your claim even if you’re partially at fault. However, your compensation will be reduced based on your share of fault.

For example, if you are 40% at fault, your compensation would be reduced by 40%. Even if you’re 90% at fault, you can still seek 10% compensation.

It’s important not to assign blame or assume anything about your case. You may be less at fault than you think. Even if you are partially to blame, your claim may still be worth pursuing. Seeking legal counsel can provide greater clarity about your legal options.

Contact a New York Slip and Fall Injury Lawyer

The team at David Resnick & Associates, P.C., has been fighting for the rights of injured New Yorkers for over 25 years. We’ve recovered over $180 million in verdicts and settlements for clients throughout New York City and Long Island. If you’ve suffered injuries in a slip and fall accident caused by a property owner’s negligence, we will be your fiercest advocates as you pursue the compensation you deserve. We’re on your side, fighting for you. To get started, contact us today and receive a free consultation.