Every premise owner faces the risk of liability claims on account of injuries or property damages that happen on his property. Slips and falls in retail stores make up a majority of such accidents, and some of these can be serious. A visitor can get injured anywhere on the premises – inside a shop or office, in the lobby area, or outside in the parking area, play area, etc., despite the fact most business owners take reasonable care to ensure that visitors are safeguarded.
Therefore, almost all business owners buy an insurance policy to cover the risk of liability claims. However, our experience suggests that most business owners neither think through the policy before buying it nor do they reconcile it with Utah’s premises liability laws. Utah’s experienced premises liability attorneys can exploit these hidden lapses on the part of the owners in favor of the victims.
Based on the experience of Utah’s top premises liability attorneys, here are a few examples of lapses in insurance policies purchased by many business owners. Attorneys use these to the advantage of the victims:
“Endorsements” Not Included
Typically, business owners end up buying a general $30–40/month policy without going into the details. They do not ensure that the specific dangers or vulnerabilities inside their premises are covered because including such “endorsements” costs extra. As you may be aware, a general liability policy does not cover specific and unique risks inherent in a property – for example, dangers arising out of spilled drinks, asbestos emission, delays on the part of maintenance contractors, a hotel guest slipping and falling on a wet floor, loose handrails, overgrown vegetation, etc.
The top premises liability attorneys in Utah help victims by using this vulnerability to their advantage.
Risk Assumption
The owner of premises can deny claims if the injury occurred due to negligence or oversight on the part of the visitor, at a reasonably obvious risk spot. He has to prove that the visitor was aware of the danger, understood the risks, and yet voluntarily exposed himself to those risks.
However, most business owners are aware that Utah’s premises liability lawyers reconcile the events leading to the accident with what the plaintiff was thinking about when the accident occurred. And, most business owners know that every accident comes riddled with technical loopholes, and can be interpreted in a variety of ways. Therefore, insurance policy or not, the business owners willingly come to the settlement table.
They Don’t Check Policy Limits and Sub-Limits
All policies have a maximum limit, an occurrence limit, and a sub-limit (the amount that the insurance company will pay for specific accidents, or per occurrence, subject to a maximum upper cap). Premises owners have to rely on their experience and analyze the dangers posed by their property, and then select a policy with limits that can adequately cover all potential claims.
In many cases, business owners opt for a business owners’ policy that includes liability claims and commercial property damage claims. Such policies are packed with many clauses and fine print, and do not adequately cover third-party injuries. This is another factor that works to the victim’s advantage.
They Ignore the Fine Print
Some general liability policies do not provide for seasonal increases (for example, a shopping surge during Christmas has the potential to cause more accidents). Most policies contain coverage restrictions. Then, each policy has its unique way of dealing with burglaries and trespassing.
Many business owners do not pay attention to the finer points mentioned above and end up buying a cheap policy that may be inadequate to cover liability claims, which makes for a situation that yet again works in favor of Utah’s premises liability attorneys hired by the victim.
These are a few insurance-related inadequacies and oversights that can work to the advantage of the victim.
If you’d like to know more, why not set up a free consultation session with us?
CALL US FOR A FREE INITIAL CONSULTATION
If you or a loved one has been injured on any premises (commercial, government, or private), call us for a free initial consultation and our Utah-based team of premises liability attorneys will be happy to guide you on how we can turn around the case for you in quick-time.
During the meeting, we will give our opinion about the chances of winning the case, determine comparative negligence, update you about your rights, and calculate the approximate compensation claim.
This free meeting is a no-obligation, no-pressure session with our team of experienced attorneys which will help you become a more informed litigant.
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You have everything to gain and nothing to lose. Contact us now.
