Skip to Content
Home » Blog » Can I Sue Someone’s Homeowner’s Insurance in Florida?

Aug
2020

Can I Sue Someone’s Homeowner’s Insurance in Florida?

on  Personal Injury

People are injured in many ways in Florida, including car accidents and slip and falls in large chain stores. However, sometimes a person is hurt in a friend’s or neighbor’s home. While the injury could be the result of a mere mishap, there are times when you or a family member is hurt because of the negligent conduct of the property owner. If that is the case, you are entitled to file a personal injury claim against the home owner and their homeowner’s insurance will likely provide coverage.

What Does a Florida Homeowner’s Insurance Policy Cover?

A standard Florida homeowner’s policy covers the property itself and protects the property owner from personal injury lawsuits for specific negligent conduct on the premises. Typically, a policy will provide a minimum of $100,000 of liability coverage, though homeowners are permitted to increase that amount. This is a common practice if the grounds include something potentially dangerous, such as a tennis court or a swimming pool.

Homeowners with young children sometimes opt for increased coverage because of the likelihood of another child being hurt on their property, especially if they have a trampoline or other hazardous outdoor equipment. Although most homeowner insurance policies specifically exclude coverage for trampolines and other dangerous activities.

It is impossible to tell whether a homeowner’s insurance policy specifically excludes certain activities without reading the policy. Fortunately, Florida law requires insurers to provide a copy of the insurance policy within 30 days of a written request. Prior to filing a lawsuit against a homeowner, we always send a written request to their insurer to confirm whether or not the insurance policy provides coverage for they type of negligence that caused our client’s injury.

Florida Children are Often Injured at a Neighbor’s House

As the old saying goes, kids will be kids. It is not uncommon for a child to be injured while playing or engaging in normal, healthy activities. When a parent drops a child off at a friend’s, they have a reasonable expectation that the homeowner will supervise their child and keep them from harm. However, accidents occur, and children get injured.

Whether your child is injured while at someone’s home, or if you are hurt, you need to prove that the homeowner was negligent to receive any compensation for your injuries.

Proving Negligence to Sue a Homeowner’s Insurance Provider in Florida

A homeowner’s insurance policy offers liability coverage for property damage and bodily injury. However, this coverage only extends to claims arising from accidents involving negligence on the part of the homeowner.

Common claims filed against homeowner’s insurance include slip and fall injuries and dog bites. Additionally, claims can arise if a homeowner fails to properly maintain their property, such as allowing a dying tree to fall into an adjoining neighbor’s yard. Most commonly in Miami-Dade County, we see that homeowner’s fail to clean the algae growth from their outdoor surfaces such as any outdoor steps, patio, driveway, and pool area.

Every accident and injury that occurs on another’s property is unique and needs to be treated differently. A slip and fall accident caused by a broken step is not the same as being bitten by a dog. Our experienced Florida attorney will evaluate each accident and injury on its own merits. No matter what caused the injury, proving negligence is still necessary to prevail in a personal injury lawsuit against the homeowner’s insurance policy.

For example, you could fall while walking down the steps from your neighbor’s patio. Maybe you lost your footing and simply slipped. However, your neighbor would be negligent if they were aware that the wood on the steps was rotting and refused to address the poor condition of the staircase.

In some cases, your conduct could relieve your neighbor from responsibility. Perhaps your neighbor had their pool drained and locked the fence surrounding it. If you climbed the fence and fell into the pool, your neighbor might not be responsible for your swimming pool injuries.

Often, whether negligent conduct contributed to an injury is not clear. If you are injured in another person’s home, you should speak with our skilled Florida personal injury attorney. It is not uncommon that an accident that appears just to be an accident is the result of the homeowner’s negligence.

Steps to Take if Your Were Injured in a Florida Home

If you are injured in another person’s home, there are some things you should do that will increase the likelihood of a successful personal injury lawsuit. First, if necessary, seek immediate medical attention. Either call 911 or have someone take you to an emergency room if it is required. If your injury does not appear severe, you should still see a doctor within 24 to 48 hours. The full extent of your injury might not be readily apparent at the time of the accident, especially if you injured your back or neck. Also, it is crucial to connect your injury to the accident to prevail in a personal injury claim. Any delay in medical treatment allows the defense the opportunity to argue that the injury occurred elsewhere.

Do not talk with the insurance provider without speaking with our Florida attorney. The insurance company is not working for you, and their agents will sometimes try to get you to admit that you were at fault so they could deny the claim or offer a settlement that is far less than you deserve. You do not want to jeopardize your potential compensation by either providing a statement or signing a document.

Call Our Florida Personal Injury and Premises Liability Attorney for a Free Consultation About Suing Homeowner’s Insurance

Not every injury in Florida occurs in a car accident or a large supermarket. Many times, people are hurt when they are visiting their neighbors. These types of injuries result in the same costly medical expenses. Furthermore, people hurt in their friend’s homes are also unable to work and lose valuable income because of their injuries. If your friend or neighbor was negligent, you should not be responsible for your damages. Prosper Shaked is a personal injury attorney who will help you file a lawsuit against an insurance company in Florida to seek the monetary compensation you deserve. Call Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676 to schedule a free appointment to review the details of your injury.