What Happens If Someone Falls on Your Property?

Owning property comes with a range of responsibilities, some of which you may not consider until an unexpected situation arises. One of the most common yet overlooked concerns for property owners is the possibility of someone falling on their premises. 

Whether it’s a slip on an icy walkway, a trip over a loose carpet, or a fall down poorly lit stairs, such incidents can lead to injuries—and questions about liability.

If someone falls on your property, the situation can quickly become complicated. Who is responsible for medical bills? Could you face a lawsuit? And how can you prevent these incidents in the first place? 

Several conditions have to be met before a property owner is considered responsible for a slip and fall accident.

Premises Liability: Responsibility and Fault

Premises liability is the legal concept that determines a property owner’s responsibility when someone is injured on their property. It stems from the expectation that property owners must maintain a reasonably safe environment for visitors. 

However, the degree of liability often depends on several factors, including the legal status of the person who fell, the condition of the property, and the actions of both the owner and the injured person.

The Legal Status of Visitors

When determining liability, “who” the injured visitor is will have to be considered. Visitors to a property typically fall into one of three categories:

• Invitees: These are individuals who have permission to be on the property for a business or commercial purpose, such as customers at a store. Property owners owe invitees the highest duty of care, which includes regularly inspecting the premises for hazards and addressing them promptly.
• Licensees: These individuals enter the property for social purposes or other reasons with the owner’s consent, such as friends attending a dinner party. Owners must ensure the property is safe and warn licensees of any known dangers that may not be obvious.
• Trespassers: These are individuals who enter the property without permission. While property owners generally owe no duty of care to trespassers, there are exceptions. For example, if the property has an attractive nuisance, such as an unfenced pool, the owner may be liable for injuries, especially if a child is involved.

Understanding the legal status of the injured person is the first step in determining liability. For instance, a homeowner’s responsibility toward a mail carrier delivering packages differs significantly from their responsibility toward someone who cuts through the yard without permission.

Common Causes of Falls on Private Property

Falls happen for many reasons, but when they occur on private property, certain conditions are frequently to blame. Identifying and mitigating these hazards can go a long way in reducing the risk of accidents.

Uneven Surfaces

Uneven sidewalks, cracked driveways, and loose flooring are common culprits. These conditions can catch visitors off guard, leading to trips and falls. Regular maintenance and prompt repairs are essential to minimize these risks.

Wet or Slippery Areas

Spilled liquids, recently mopped floors, and icy walkways are some of the most frequent causes of slips. During winter months, property owners should take proactive steps, such as salting icy paths and clearing snow, to ensure walkways are safe.

Poor Lighting

Inadequate lighting can make it difficult for visitors to see obstacles or navigate stairs safely. Installing sufficient lighting in high-traffic areas like entryways, hallways, and outdoor walkways can significantly reduce the likelihood of falls.

Clutter and Obstructions

Objects left on the floor, such as toys, tools, or cords, can create tripping hazards. Keeping walkways clear and organized is a simple yet effective way to prevent accidents.

When Are Property Owners Liable?

Even if someone falls on your property, liability is not automatic. Courts typically consider several factors to determine whether the property owner’s negligence contributed to the incident.

Did the Owner Know About the Hazard?

To establish liability, the injured person must often prove that the property owner knew or should have known about the hazardous condition. For example, if a homeowner was aware of a loose step but failed to fix it, they could be held liable if someone falls.

Was the Hazard Obvious?

Property owners are not usually responsible for injuries caused by hazards that are open and obvious. For instance, if a visitor trips over a garden hose that is clearly visible, the owner may argue that the visitor should have exercised caution.

Did the Visitor Contribute to the Accident?

In some cases, the injured person’s actions may reduce or eliminate the property owner’s liability. For example, if the visitor was distracted by their phone or ignored a warning sign, the property owner might not be entirely at fault.

Reasonable Steps Taken by the Owner

Property owners are expected to take reasonable steps to ensure safety. This includes conducting regular inspections, repairing hazards promptly, and providing warnings about potential dangers. Failure to meet this standard can lead to liability.

Steps to Take if Someone Falls on Your Property

If someone falls on your property, the injured person’s health and safety should be your top priority. Offer assistance and, if necessary, call for medical help. Avoid moving the person unless they are in immediate danger.

Take detailed notes about the circumstances surrounding the fall. This should include:

• The date, time, and location of the incident
• A description of the conditions at the time (weather, lighting, surface conditions)
• Photos of the area where the fall occurred
• Statements from witnesses, if any

If the fall occurs on a commercial property, report the incident to the property manager or business owner. They may have a formal process for documenting accidents.

While it’s natural to feel sympathetic, avoid making statements that could be interpreted as an admission of liability. For instance, saying, “I’m so sorry, I should have fixed that” could be used against you in a legal claim.

Contact your homeowner’s or liability insurance provider to report the incident. Provide them with all relevant documentation and follow their guidance on next steps.

Legal and Financial Implications

If the injured person decides to file a claim, the case may result in one of several outcomes:

• Insurance Settlement: In many cases, the matter is resolved through the property owner’s liability insurance, which covers medical expenses and, in some cases, pain and suffering.
• Lawsuit: If the parties cannot agree on a settlement, the injured person may file a lawsuit. A court will then determine liability and award damages if appropriate.

It’s worth noting that legal proceedings can be time-consuming and costly. Property owners should consider consulting an attorney early in the process to protect their interests.

Preventing Falls on Your Property

The best way to handle falls is to prevent them from happening in the first place. Here are some proactive measures you can take:

Regular Inspections

Walk through your property regularly to identify potential hazards. Look for issues like loose handrails, uneven steps, or wet areas that could lead to accidents.

Prompt Repairs

Address hazards as soon as you become aware of them. For example, fix a broken step immediately or clear ice from a walkway after a snowstorm.

Warning Signs

Use clear and visible signs to warn visitors of temporary hazards. For example, place a “Wet Floor” sign near freshly mopped areas.

Adequate Lighting

Ensure all areas of your property are well-lit, particularly during nighttime hours. Motion-sensor lights can be a cost-effective solution for outdoor spaces.

Maintain Liability Insurance

Having adequate insurance coverage is essential. Review your policy to ensure it covers accidents on your property and consider increasing your coverage if necessary.

When to Seek Legal Advice

If someone falls on your property and sustains serious injuries, consulting an attorney is often a wise decision. A legal expert can help you understand your rights and obligations, communicate with insurance companies, and, if necessary, defend against a lawsuit.

Similarly, if you are the injured party, an attorney can assist you in pursuing compensation for medical bills, lost wages, and other damages.

A fall on your property can be a stressful and complicated event, but understanding your responsibilities and taking proactive measures can make a significant difference. By maintaining a safe environment, documenting incidents thoroughly, and seeking professional guidance when needed, you can navigate these situations with confidence.

If you’re facing legal concerns related to a fall on your property, Morgan & Morgan is here to help. With decades of experience in premises liability cases, our team is dedicated to ensuring you receive the support and representation you need. Contact us today for a free case evaluation.

Frequently Asked Questions

Does homeowners insurance pay for damages?

Yes, in many cases, homeowners insurance can cover damages resulting from a fall on your property. Most policies include liability coverage, which helps pay for medical expenses, legal fees, and settlements if you are found liable. It’s important to review your policy to understand the specific terms and coverage limits.

If someone falls on your property, they will most likely file a claim with your homeowners insurance company. Your insurer will then send out an adjuster to investigate the circumstances of the fall and determine whether the claim is valid. In most cases, your insurance company will try to negotiate a settlement with the injured party.

If the claim cannot be resolved with an out-of-court settlement, it may advance into a legal proceeding. Again, your insurance company should cover your legal expenses. Should you lose the case, the insurer is generally responsible for paying the compensation determined by the court.

Am I responsible for the sidewalk?

Responsibility for sidewalks can vary depending on local laws and ordinances. In some jurisdictions, property owners are required to maintain the sidewalk adjacent to their property, including clearing snow and repairing cracks. Failing to do so could make you liable if someone is injured.

What if I didn't know they were on my property?

If you were unaware that someone was on your property, liability may still depend on the circumstances. For instance, if the hazard was something you reasonably should have known about and addressed, you could still be held responsible. However, trespassers generally have limited rights unless an attractive nuisance or willful negligence is involved.

An attorney will be able to review the specifics of your case and help to determine fault.