Liability Insurance Coverage for Injuries on Someone Else’s Property

If you’re injured due to hazardous conditions on another person’s property, you may be entitled to compensation for your medical bills, lost wages, and other damages. But who pays for your injuries? That’s where liability insurance comes into play.

In this article, we’ll break down how liability insurance works, what it covers, and what to do if you’ve been hurt on someone else’s property.

Understanding Liability Insurance in Premises Liability Cases

When a person or business owns property, they have a legal duty to maintain it in a safe condition. If they fail to do so, and someone gets injured as a result, the property owner may be held liable under premises liability law.

Most homeowners, renters, and business owners carry liability insurance, which provides coverage if someone is injured on their property. This insurance protects property owners from paying out-of-pocket for medical expenses, legal fees, and settlements or judgments.

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Types of Liability Insurance That Cover Personal Injuries

Depending on where the injury occurs, different types of liability insurance may apply:

1. Homeowners Insurance & Renters Insurance

If you’re injured at someone’s home or rental property, their homeowners or renters insurance may provide coverage. These policies typically include personal liability coverage, which pays for injuries to guests if the homeowner or tenant is found negligent.

Example: You slip on a loose floorboard at a friend’s house and break your wrist. If your friend knew about the hazard but didn’t fix it, their homeowners insurance may cover your medical bills and related expenses.

Who Needs It?

• Homeowners and condo owners
• Landlords renting out residential properties

What It Covers?

• Injuries to guests or visitors, such as slip and fall accidents
• Dog bites and animal attacks
• Accidents caused by hazards like broken stairs or loose railings
• Some policies include medical payments coverage, which pays for minor injuries without requiring proof of fault

What It Does Not Cover?

• Intentional harm to visitors
• Injuries to tenants in rental properties (a separate landlord insurance policy is required)

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2. Commercial General Liability (CGL) Insurance

Businesses—like grocery stores, restaurants, and shopping malls—carry commercial general liability (CGL) insurance to cover injuries on their premises. This insurance helps pay for medical bills and other damages if a customer or visitor gets hurt due to unsafe conditions.

Example: A grocery store fails to clean up a spill in an aisle, and you slip and suffer a serious back injury. The store’s CGL policy may cover your medical expenses, lost wages, and pain and suffering.

Who Needs It?

• Business owners, including retail stores, restaurants, hotels, and office buildings

What It Covers?

• Slip and fall accidents in stores, restaurants, or office buildings
• Injuries from falling merchandise or faulty equipment
• Negligent security claims if a customer is assaulted on the premises
• Food poisoning claims in restaurants

What It Does Not Cover?

• Employee injuries (covered by workers' compensation insurance)
• Intentional harm caused by the business owner or employees

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The amount of the available liability insurance coverage is an important factor in premises liability cases. Cases typically settle within the available policy limits, because pursuing a judgment in excess of the policy entails additional costs, collection efforts, and risks (like the risk of the defendant declaring bankruptcy and wiping out the judgment against them). An experienced premises liability attorney will identify all the available liability insurance coverage and strategize to maximize your compensation.

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3. Landlord Insurance 

If you’re injured at an apartment complex or rental property, the landlord’s rental property insurance or liability coverage may apply—especially if the injury resulted from poor maintenance or negligence.

Example: A broken handrail causes you to fall down a flight of stairs at your apartment building. If the landlord failed to repair it despite knowing about the issue, their liability insurance might cover your injuries.

Who Needs It?

• Owners of rental properties, including apartments, duplexes, and vacation rentals

What It Covers?

• Injuries to tenants and their guests due to unsafe conditions
• Legal costs if a tenant sues for negligent maintenance
• Some policies include loss of rental income if a unit becomes unlivable due to a covered event

What It Does Not Cover?

• Injuries caused by tenant negligence (tenant’s renters insurance applies)
• Damage to a tenant’s personal belongings

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4. Umbrella Insurance

In some cases, property owners have umbrella insurance, which provides extra liability coverage beyond the limits of standard homeowners, renters, or business insurance. This is especially relevant in catastrophic injury cases where medical costs and damages are significant.

Example: A hotel guest suffers a traumatic brain injury due to faulty construction. If the hotel’s standard liability policy isn’t enough to cover the lawsuit, their umbrella policy might kick in.

Who Needs It?

• Property owners who want higher coverage limits
• Businesses or landlords at risk for large claims

What It Covers?

• Extra coverage beyond standard liability policies
• Large settlements or jury awards that exceed primary insurance limits

What It Does Not Cover?

• Claims not covered by the primary insurance policy

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What Does Liability Insurance Cover?

When someone else’s liability insurance applies to your injury, it may cover:

• Medical Expenses: Hospital bills, surgeries, rehabilitation, and ongoing treatment.
• Lost Wages: Compensation for missed work due to your injury.
• Pain & Suffering: Damages for physical pain and emotional distress.
• Personal Property: Damage to personal property, like cell phones or laptops.

However, insurance companies don’t always pay fairly—they often try to minimize payouts or deny claims altogether. That’s why having an experienced premises liability attorney on your side is crucial.

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What to Do If You’re Injured on Someone Else’s Property

If you’re hurt due to a hazardous condition on another person’s property, follow these steps to protect your rights:

1. Seek Medical Attention Immediately – Even if you feel okay, some injuries take time to appear. A medical report also serves as key evidence.
2. Report the Incident – Notify the property owner, manager, or landlord as soon as possible. If it happened at a business, ask for an incident report.
3. Document Everything – Take photos of the hazardous condition, your injuries, and the surrounding area. Get contact information for any witnesses.
4. Avoid Speaking to Insurance Adjusters Alone – Insurance companies may try to get you to downplay your injury or accept a low settlement. Speak to an attorney before providing any statements.
5. Consult a Personal Injury Lawyer – A premises liability attorney can help you file a claim, negotiate with the insurance company, and, if necessary, take legal action to recover maximum compensation.

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Hurt on Someone Else’s Property? The Truth Demands Justice.

At Hulburt Law Firm, we understand how devastating an injury can be, especially when it was caused by someone else’s negligence. Our award-winning trial attorneys, Conor and Leslie Hulburt, have a proven track record of securing justice for injury victims. Visit our San Diego Premises Liability Attorney page to learn more about our approach to unsafe property cases.

If you or a loved one suffered a serious injury on someone else’s property, don’t face the insurance companies alone. Contact us today for a free consultation and let us fight for the compensation you deserve.

Your injury wasn’t your fault. Your recovery shouldn’t be your burden. The Truth Demands Justice. 

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Related Content:

• Compensation for Premises Liability Victims in San Diego
• Proving Liability in Premises Liability Cases in San Diego

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