Sage Advice - Relentless Recovery 

3 ways to protect your business from a denied premises liability claim

On Behalf of | Jan 7, 2022 | Insurance Disputes

Your company has liability insurance coverage to protect it from the various risks involved in business operations. For example, premises liability coverage will pay claims when a visitor slips down the stairs at your business or gets hurt in a mugging in your parking lot.

Typically, people injured in these kinds of scenarios can bring a claim against your business’s premises liability insurance. If your insurance company declines coverage, you may need to respond directly to the premises liability claim. What are some ways for businesses to reduce their risks after an incident on their property?

Prove that the alleged incident never occurred

If you have security camera footage or secure entry into your building, you may be able to conclusively prove that someone was never on your premises. You may also have video footage showing them entering the building but no video footage of the alleged fall that occurred.

Typically, people have to prove not only that they got hurt on your property but also that your negligence somehow contributed to the situation. If there is no record of the incident, that can help you defend your company in court.

Show that the plaintiff is responsible for the situation

Perhaps there is no question that the person who brought the premises liability claim got hurt on your property. However, you maintain that the injury they suffered was their own fault. If there is medical documentation that they were under the influence of drugs or alcohol or if you have security camera footage proving that they were trying to take a selfie at the top of the stairs right before they fell, their contribution to the incident may leave them unable to bring a claim against your company.

Under the proportionate responsibility rules for civil lawsuits in Texas, someone with at least half of the responsibility for their own injuries cannot bring a claim against the other party in civil court.

Challenge the assertion that there are financial losses from the incident

Someone can fall and get hurt on your property without suffering any noteworthy injuries or losses. Are there actual medical records that show that they broke a bone, or do they just have paperwork showing that they missed two weeks of work? If you can challenge the claim that they suffered financial losses because of the incident on your property, you can potentially successfully defend against their premises liability claim.

Considering different ways to fight premises liability lawsuits can help your company minimize the impact of a premises liability claim that insurance declines to pay.