When Can You Sue Your Neighbor’s Homeowner Insurance?

If I’ve been injured at my neighbor’s home, can I sue their Homeowner’s Insurance?

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While everyone would like their lives at home and their relationship with their neighbors to consist of peace and harmony, that is simply not always the case. There are times when your neighbors will do unfair things that make your life difficult or which can dramatically impact your home’s value.

There are other times when you or one of your dependents may be injured on a neighbor’s property. Sometimes such injuries are accidental,  and other times they are caused by negligent behavior on the part of your neighbor. If you or someone you know has been injured on a neighbor’s property or in their home due to negligence, contact The Injury Claim Law Firm today for a free, no-obligation consultation. In the meantime, here’s some information that can help you evaluate your situation.

CAN I SUE MY NEIGHBOR’S HOMEOWNER’S INSURANCE?

A standard homeowner insurance policy offers many different kinds of coverage that protect the home itself, but it also protects homeowners and members of the household from personal injury lawsuits for certain acts of negligence that occur on the premises. Most homeowner policies provide a minimum of $100,000 of liability protection, but some people will choose to increase that amount, especially if there is something potentially hazardous on the property like a swimming pool or tennis court.

There are other reasons that homeowners may decide to increase their homeowner’s insurance; these can include high-risk pets, owning a trampoline, or even having children. Parents of young children sometimes choose to increase their homeowner’s insurance to protect themselves in case a child gets injured on their property. Kids will be kids, but there is also an assumed responsibility that adults take when agreeing to watch your children. If a friend drops their child off to play with your child, they rightfully assume that you will be supervising their activities. In most instances, this is a reasonable assumption and one that you can be expected to take as well. If, however, an injury to your child does occur while he or she is at someone else’s house, negligence will need to be proven in order for you to receive compensation.

WAS NEGLIGENCE INVOLVED?

Liability coverage under a homeowner’s insurance policy offers protection for both bodily injury and property damage. But this is usually only for claims involving accidents of negligence that a homeowner would normally be legally responsible for.

Some of the most common negligence claims against homeowner insurance policies include things like dog bites (or other animal bites), slip and fall injuries, or poorly maintained trees that fall over and damage a neighbor’s adjoining property. All of these types of accidents need to be taken individually and evaluated by experienced attorneys who are familiar with personal injury cases. For example, there is a big difference between a dog bite case that involves negligence and one without negligence. In most of these types of claims, negligence will need to be proven.

For example, it might not be your neighbor’s fault that a tree fell; so unless the homeowner was negligent in refusing to cut down a dying tree, the claim would be denied. Or, for example, imagine that your neighbor has an especially aggressive dog and there are children in the neighborhood. If the dog bites one of the children, this may be an open and shut case of negligence by the homeowner—right? Well, let’s say that although the dog was aggressive, the homeowner also took special precautions to make sure it was locked behind a fence on his own property. Maybe the children had to trespass to get bitten by the dog.

Scenarios like this become more complicated, but the experienced attorneys at The Injury Claim Law Firm can evaluate your individual case and advise you on whether or not negligence is likely to be proven. Additionally, keep in mind that sometimes situations that may seem totally accidental actually prove to have certain unreasonable actions connected to them. This is part of the reason why it is so important to contact your lawyer if you have any suspicions your injury was caused by negligence.

HOW NEUFELD & KLEINBERG, PA CAN HELP

Dealing with neighbors can be tough, and whether you live in South Florida or elsewhere in the country, disagreements and other issues can and will arise. Sometimes these problems with neighbors can be resolved independently, and other times they require an experienced attorney.

In the case of personal injury, if you or someone you know was injured on a neighbor’s property or while in their home, you need the lawyers of The Injury Claim Law Firm on your side to defend your interests and get you the justice and financial compensation that you deserve. If your neighbor was negligent in the maintenance of their property and the negligence resulted in injury to you or someone you know, don’t hesitate to contact us today for a free, no-obligation consultation.

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