Will a Homeowner’s Policy Cover A Personal Injury on the Property?

• Posted on: March 16, 2022

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• Personal Injuruy Lawyer

In California, property owners and property occupiers have a legal responsibility to ensure that premises are in a reasonably safe condition to avoid personal injury to guests. You may be wondering: What happens if an injury occurs on residential property, does the homeowners’ policy cover the claim?

The answer is that a homeowners’ policy generally provides liability coverage in California, meaning they will kick in if the residential property owner is liable for the accident. In this article, our Oakland premises liability attorneys discuss homeowners’ insurance policies and personal injury.

Personal Injury on Property and Homeowners Insurance: What to Know

Homeowners’ insurance is a form of property coverage that covers losses, damages, and potential liability to a residential property owner’s house and assets. When an accident happens on residential property, the homeowners’ policy may bear responsibility for the claim.

Here are four key things to know about personal injuries on residential property and homeowners’ insurance coverage in California:

1. Most Residential Property Owners Have Insurance: Although homeowners’ coverage is not mandatory in California, the overwhelming majority of residential property owners have insurance coverage. Notably, mortgage lenders require homeowners to maintain adequate insurance.

 

2. Many Homeowners’ Policies Provide Liability Coverage: The specific terms of a homeowners’ policy always matter. That being said, most policies offered in California provide liability coverage to the property owner. As explained by the California Department of Insurance, this type of coverage kicks in if a homeowner or resident of a home is “legally responsible for injury to others.”

 

3. Premises Liability Claims are Fault-Based Legal Cases: Homeowners’ policy covers a residential property owner’s legal liability. A residential property owner is not automatically responsible for an accident on their premises in California. An injured victim must prove that property owner (policyholder) negligence contributed to their accident. Without negligence, a homeowners’ insurer that defends the claim may deny compensation.

 

4. Limits and Exclusions May Apply: Notably, most homeowners insurance policies in California have limits and exclusions. For example, a policy may have a $100,000 coverage limit for liability. Further, a policy might exclude coverage for the homeowner for certain acts, such as if he or she intentionally injured another party.

Premises liability claims are notoriously complex. This is especially so when an accident occurs on residential property. The specific circumstances of the case always matter. If you were injured in someone’s home or at someone’s apartment in the Bay Area, an experienced Oakland premises liability attorney can help you explore every available option for financial support, including a claim through a homeowners’ insurance policy.

Call Our Bay Area Premises Liability Lawyers for Immediate Help

At Bracamontes & Vlasak, our California personal injury lawyers have the skills, experience, and expertise to handle the full range of premises liability claims. If you have any questions about injuries on property and homeowners’ policies, we can help.

Contact our law firm now for a free, no-obligation review and assessment of your case at 415-835-6777. Our firm provides personal injury representation throughout the Bay Area, including in San Francisco, Oakland, San Jose, and Mountain View.