Child Injury: What Injuries are Covered by Homeowner’s Insurance?

Does Homeowner’s Insurance Cover Personal Injuries Inside the Home, Outside the Home, in the Neighborhood, at School, or Other Locations?

1. Injuries That Occur on the Property of the Homeowner

If your child is injured while at another person’s home, there may be coverage available for past medical bills, future medical bills, and pain and suffering-related damages.

However, each situation is unique, and it may depend upon the terms of the Contract (Policy) of Insurance.

1a. Med Pay (Medical Payment) Homeowner’s Insurance Coverage Injuries That Occur on the Property of the Homeowner

Sometimes, personal injuries occur purely as an accident. No one is careless or negligent or is legally “at fault.”

Even when the injury was not caused by the fault of the homeowner or another person, there may still be coverage for the medical bills if there is a “Med Pay” provision under the insurance policy.

Med Pay or Medical Payment coverage under homeowner’s insurance policies will cover medical bills or expenses related to personal injuries that are sustained at the home whether or not the incident was caused by the fault of the homeowner or resident of the home.

Unfortunately, not all homeowner’s insurance policies have Med Pay or Medical Payment coverage. In addition, there are certain exceptions, exemptions, or endorsements under some homeowner’s insurance policies / Med Pay coverage.

These exceptions, exemptions, or endorsements may exclude coverage for certain incidents like dog bites, intentional acts (e.g. assault, battery, rape, etc.), automobile accidents, motorcycle accidents, trampoline accidents, swimming pool accidents, and other enumerated incidents.

Again, the language of the Contract (Policy) of Insurance is very important.

1b. Fault-Based Homeowner’s Insurance Coverage For Injuries That Occur on the Property of the Homeowner

Many personal injury incidents are foreseeable and preventable with proper supervision, safety precautions, and home maintenance.

Most homeowner’s insurance policies will cover the medical bills and pain and suffering-related damages in such circumstances. But this legal responsibility arises only when you can prove the injuries resulted from the negligence of another.

Here are some examples of claims or cases that could be covered under a homeowner’s insurance policy. When a child suffers injury or death:

• As a result of a drowning
• From an accidental shooting
• As a result of being bitten by a dog or other domestic animal
• From an unsafe condition in or outside the home
• As a result of a fall in the house or from a trampoline, play set, tree, or other object
• As a result of horseplay, rough play, or careless stunt, especially when not properly supervised
• Due to the lack of proper adult supervision.

This list is certainly not exhaustive. Negligence and injuries arise in many forms and under many different circumstances.

2. Injuries That Occur Off the Property of the Homeowner

Many parents do not realize that homeowner’s insurance may cover injuries that occur off the property of the homeowner and as the result of the negligence of the homeowner or a resident relative.

2a. Fault-Based Homeowner’s Insurance Coverage For Injuries That Occur Off the Property of the Homeowner

Let’s assume that your child is injured at school when another child carelessly ran through the halls and knocked your child down. Your child suffered a fractured leg as a result of the other child’s negligence.

Even though it happened away from the home, there may still be coverage under the homeowner’s insurance policy for the at-fault child’s home.

Here are some examples of claims or cases that occurred off the homeowner’s property that could be covered under a homeowner’s insurance policy. When a child suffers injury or death:

• As a result of a drowning while under the supervision of a friend, relative, or another person
• From an accidental shooting as a result of the negligence of the gun owner or resident relative by allowing use of the gun or failing to lock up the gun
• As a result of being bit by a dog or other domestic animal owned by the homeowner
• From a fall from a trampoline, play set, tree, or other object while under the supervision of the homeowner or resident relative
• As a result of horseplay, rough play, or careless stunt while under the supervision of the homeowner or resident relative
• CDue to the lack of proper adult supervision.

2b. Med Pay (Medical Payment) Homeowner’s Insurance Coverage for Injuries That Occur Off the Property of the Homeowner

Typically, there will not be Med Pay or Medical Payment coverage if the injury takes place off the property of the homeowner if there is no negligence on the part of the homeowner.

Of course, it is still advisable to have a child injury lawyer request the applicable homeowner’s insurance policy to determine the applicable coverage for the injuries at issue.

Because homeowner’s insurance claims can be complicated, it makes sense to have a child injury lawyer review the policy and advise the family of the injured child about the child’s respective legal rights.