Defective Premises
Premises Liability Attorneys
Generally speaking, a property owner/occupier has a duty to use reasonable care to keep his/her premises safe from hazards. Many premises liability claims involve a slip, trip and fall while a person is at a commercial establishment such as a grocery store, mall, home improvement center, restaurant or parking lot. Common causes of slip, trip and fall accidents include slippery or wet floor surfaces due to the unsafe design or improper maintenance of the floor, loose or uneven flooring and failure to install handrails or installation of faulty/broken handrails in violation of building and safety codes. Meanwhile, other premises liability claims may involve the failure of a property owner, like a mall, to provide adequate security and as a result, a patron is injured or killed on the premises.
If you have been injured due to a defect on a premises, contact an experienced personal injury attorney at The Moschetta Law Firm, P.C. to protect your rights.
Who pays my medical bills?
Many property owners are insured and have a “medical payments” provision in their insurance policy which, like your auto insurance, will pay for a limited amount of medical treatment. If you are injured on another’s premises, be sure to notify the owner immediately so the defect can be repaired to prevent injury to others. You should also complete an accident report or submit something in writing that documents the incident, and ask if they have medical payments insurance coverage.
What if the property owner doesn’t have insurance?
Then you should have your medical bills submitted to your private health insurance company. In some instances, your health insurance company will be entitled to reimbursement from the property owner if you obtain a settlement or verdict for your injuries. This is called “subrogation”. Whether the health insurance company is entitled to reimbursement, and if so, how much, are very complicated questions.
Should I try to settle my case with the insurance company by myself?
Insurance companies collect premiums and pay claims made against the people/entities they insure. The insurance adjustor’s job is to pay your claim for as little as possible. Never accept a settlement from an insurance company until you have consulted an experienced personal injury attorney and know your rights.
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