Legal Tips
Here Exclusive Buyer Realty, Inc. gives you a valuable Legal Tip to help you navigate the home buying arena.
Can I protect myself from liability for injuries which occur on my property?
If you are buying your first home, one of the concerns you might have is that if another person is injured on your property, you could be liable for injuries sustained by others while on your property. Certainly, you do not want to be sued. In today’s society, you can not always avoid that. However, you should take all of the necessary steps to protect your home and all of your other assets in the event that someone asks for money as a result of an accident on your property.
If you have a mortgage, you are required to have insurance. The mortgage holder requires insurance to protect its investment. Homeowner’s insurance policies insure you for liability as well as for property damage. Thus, if someone slips and falls on your front walk or is bitten by your dog and sues you, so long as you notify your insurance carrier of the incident in a timely manner and cooperate with the company and the lawyer it retains to defend you, you are entitled to a legal defense and to coverage up to the amount of the face value of the policy. Whether you have enough insurance to protect your assets in the event that you are deemed to be responsible for someone else’s injuries is a question you should address with your insurance agent. Be sure to discuss whether it may be in your best interest to purchase additional or “umbrella” coverage to in order to protect your assets in the event that someone is injured on your property and you are found to be liable for damages.
You should also know that the mere fact that someone was injured while on your property may not be sufficient to entitle that person to receive compensation from you or from your insurance company on your behalf. In order to be entitled to receive any compensation for such injuries, the injured person would be required to prove that you were negligent. For example, if someone slips and falls as a result of a protruding nail on your front steps, he or she would have to prove that you created the dangerous condition or that you knew or should have known about the problem, had a reasonable time to repair it and failed to take any steps to prevent anyone from injury.
You can reach Jo Anne (585) 325-4545 or email her at jaleegant@eggerandleegant.com. You are invited to ask her any specific questions or to suggest any topics you would like her to discuss on this web page.
Jo Anne Leegant is a partner with Egger and Leegant, a general practice firm located at 144 Exchange Blvd., Ste. #107, Rochester, NY 14614. In addition to real estate, Egger and Leegant assists clients in a number of legal fields, including personal injury and criminal law. Visit the firm’s website at: www.eggerandleegant.com