Homeowners have an obligation to maintain their property in relatively safe condition. They need to keep stairways lit and floors in good condition. They need to ensure that decks, patios and balconies have appropriate railings and are structurally sound. They even need to maintain their yards and the sidewalks adjacent to their property to help prevent people from suffering injuries when they visit.
Guests ranging from friends to professionals working at the property could sustain injuries and might try to hold the property owner accountable. Technically, premises liability coverage provided through homeowners insurance can help limit financial exposure when guests get hurt. However, large claims are likely to increase what property owners pay for insurance in the future.
In some cases, homeowners facing premises liability claims from visitors can defend against requests for compensation. A pre-existing medical condition could help explain why a visitor sustained such a serious injury in a seemingly minor incident.
Many people have pre-existing conditions
When people think of pre-existing medical conditions, they often think of a professional with type 2 diabetes who gets a new job. Not that long ago, health insurance companies could potentially deny coverage for conditions diagnosed when an individual did not have insurance. Changes to insurance regulations have largely eliminated that issue, which is good for a large percentage of people.
Researchers estimate that roughly half of the population has chronic pre-existing medical conditions that may affect their overall health. Pre-existing medical conditions can also have a significant impact on an individual’s likelihood of a serious injury.
Someone who has subluxated discs in their back could sustain a far more serious injury when slipping on over-polished flooring than someone whose spine is in perfect condition. A workman with a prior tear to their ACL could potentially sustain significant injuries if they twist their leg after stepping in an unexpected hole in the lawn while doing work.
Proper research into the background of the injured person can help provide insight into why little incidents could lead to major injuries. Pre-existing conditions do not eliminate a property owner’s premises liability in every case, but they may help limit their legal and financial exposure during a premises liability claim.
Discussing the condition of the injured person and what happened that led to a premises liability claim with a skilled legal team could help homeowners protect themselves. Establishing that a pre-existing condition created the circumstances for the injury could help mitigate personal culpability for a recent incident at a private residence.