Why would homeowners insurance not be liable?

Asked about 5 years ago - Alpharetta, GA

Several people were injured in a deck collapse at a neighbors house. Homeowners insurance says they are not liable. Why is this? I thought that homeowners insurance covers when accidents happen at your home. Who is liable? If I had people on my deck and it fell I would expect insurance to pay for injuries.

Attorney answers (3)

  1. Robert S. Windholz

    Contributor Level 8

    Answered . I jury tried a similar case about 10-15 years ago. You must prove homeowner or builder negligence to have a case. If the work was done over eight years ago the builder may be out under the statute of respose. The homowner has a duty to inspect the premises. Was an investigation done after the collapse? What was the cause? Did it occur less than two years ago? Was anyone injured severely?

  2. Haynesworth Maier Studstill

    Contributor Level 8

    Answered . This is classic insurance company behavior. They are saying they are not liable and they are denying coverage in hopes that it will go away. We see this in our practice all the time - Insurance companies do not do the right thing on behalf of injured victims.

    It is highly unlikely that a standard homeowners insurance policy would not provide some sort of coverage for this situation. The injured persons need to hire a personal injury attorney to represent them.

    There may also be liability on the part of the contractor or company that installed the deck. There is no way to know based on the limited facts provided, but an injury lawyer should investigate this possibility as well.

    Our firm represents those who have been injured in accidents such as this and we would be happy to discuss this case with the injured parties. Feel free to call us for a free consultation.

    Best of luck to you.

    Disclaimer: No attorney-client relationship is created by this communication. The information provided by the Studstill Firm, LLP is for informational and educational purposes only and is not intended to be relied upon as legal advice. Legal rights usually have time limits; therefore, it is strongly recommended that you seek the advice of a lawyer concerning your legal issue and the specific time limits that may apply to your case in order to preserve your rights if you wish to do so.

  3. Yasha Heidari

    Contributor Level 11

    Answered . First, I am assuming the homeowner's insurance denied your claim. If so, their denial letter should state why they are denying the claim.

    Second, you should examine the terms of your homeowner's insurance policy to see whether any exclusions apply.

    You shold most likely contact an attorney to asisst you in the matter. Insurance companies frequently deny claims even if they are indeed liable because, simply from a cost-benefit analysis, it saves them money in the long run as many individuals do not fight a denial.


    DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Consider it a good first step in your knowledge acquisition, but not legal advice. Indeed, my analysis is based on the extremely limited facts you have given me, and new facts could substantially alter any answer I give.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,864 answers this week

3,295 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,864 answers this week

3,295 attorneys answering