I fell and was injured on someone else’s property. Doesn’t that mean their insurance company will just pay my personal injury claim?

No. On the contrary, premises liability claims are among the hardest to establish liability.

Many people assume if they got injured on someone else’s property the homeowner’s or business’s insurance will pay the medical bills and other claims. In reality, the injury claimant must prove that the other party did something wrong, which is usually difficult.

It is not enough that there was a hazard–a spill in a store, for instance. The injured party must prove that the store either knew about the spill, or that the spill was present for a long period of time–long enough that is clearly should have been cleaned up. Even then, a jury or arbitrator will still often find the injured person to be partly at fault, which reduces the amount the injured person receives in compensation.

That is not to say there is no hope. Each case must be evaluated on its own particular set of facts. Feel free to contact us for a free personal injury case evaluation.

About Travis Eller

Personal injury attorney Travis Scott Eller has represented injury victims since 1997. He is a member of MENSA and has earned the National Institute for Trial Advocacy "Advocate" designation. Independent attorney rating service Avvo rates Mr. Eller a "Superb" 9.3/10. Mr. Eller enjoys history, spectator sports, and skiiing. He is active in Toastmasters. Travis is married, and the proud father of two teenage sons.