How does apartment insurance cover slip-and-fall claims?
Slip-and-fall claims are covered under the general liability policy's premises liability provisions, and they represent the most common type of liability claim for apartment properties.
Slip-and-fall injuries are the leading source of general liability claims for apartment buildings. The ISO Commercial General Liability policy (CG 00 01) covers bodily injury arising out of the ownership, maintenance, or use of the insured premises, which includes trip hazards on walkways, wet floors in lobbies and laundry rooms, icy sidewalks and parking lots, uneven pavement, defective stairs and railings, and poor lighting in common areas.
The policy covers defense costs (which are paid in addition to the liability limits under the ISO CG 00 01 form), medical payments to injured persons (Coverage C, typically $5,000 to $10,000 per person, paid regardless of fault), and settlements or judgments if the owner is found liable. Slip-and-fall claims range from minor medical payments claims of a few thousand dollars to severe injury cases with verdicts exceeding $1,000,000 for traumatic brain injuries, hip fractures in elderly visitors, or spinal cord injuries.
Documentation is the apartment owner's strongest defense. Landlord-tenant statutes in most states impose a duty to maintain common areas in a reasonably safe condition. For example, California Civil Code Section 1941 requires landlords to maintain the premises in a habitable condition, and New York Multiple Dwelling Law Section 78 requires owners to keep common areas in good repair. Apartment owners should document regular inspections of walkways, stairs, and common areas, maintain written maintenance logs, photograph conditions before and after snow and ice treatment, and retain incident reports for at least the applicable statute of limitations (typically two to three years for personal injury, varying by state).