Ohio residents may be aware that homeowner’s insurance provides coverage in the event that someone is injured while on their property, if that individual is either an invitee or licensee. An invitee may be a family member or social visitor, while a licensee is an person who is there for business purposes, such as a repairman or a cable installer.
The third category of individuals who might enter a property are trespassers. These are individuals who are not invited or there to conduct business. Trespassers are generally not covered by homeowner’s insurance. However, children who are injured when trespassing on the property may be covered under the attractive nuisance doctrine if, for example, they wandered into a swimming pool.
it is a homeowner’s responsibility to take care of dangerous conditions on a property that might result in injury, such as properly maintaining steps, handrails and sidewalks. However, if a visitor is injured, it is his or her responsibility to provide proper documentation to support the injury claim.
It may be advisable for individuals who are injured on private property to take certain steps to ensure that their injury is covered by the property owner’s homeowner’s insurance policy. First, the injured person needs to tell the property owner that the injury has occurred. At this point, the injured individual is legally entitled to ask for the homeowner’s insurance information. Taking photos of the area where the accident occurred is recommended to provide proof as well as asking witnesses to document the event as they saw it. In addition, obtaining medical records to show that treatment was sought for the injury is important.
An individual who has suffered an injury while visiting or conducting business at a private residence may benefit from speaking to an attorney. The attorney may help in seeking compensation through the homeowner’s insurance or, if the amount offered by the insurer is inadequate, by filing a premises liability lawsuit against the homeowner.