Are You Liable If Someone Trips at Your Home?

When someone suffers a fall while visiting your home, it can lead to more than just an awkward moment. If the injured person ends up with medical bills, lost income, or long-term pain, you may find yourself wondering: am I legally liable for their injuries?

The answer depends on several factors, including the condition of your property, the cause of the fall, and your responsibilities as a property owner. In New York, these incidents fall under premises liability law, which determines who is responsible for maintaining a safe environment and when a person can be held liable for a fall accident.

Understanding Liability on Residential Property

In general, as a homeowner or landowner, you are required to keep your property in a reasonably safe condition. This includes addressing any hazardous condition that could cause injury to guests, visitors, or even delivery workers.

You may be held responsible for a slip and fall accident on your property if:

• You knew or should have known about a dangerous condition
  
• You failed to fix the hazard or provide warning signs
  
• The hazard caused the person to fall and suffer injuries
  

Common examples include a broken step, icy sidewalk, wet floor, garden hose left on a walkway, or uneven flooring that creates a trip hazard. If the hazard was obvious and no warning was given, you may be held liable for the victim’s injuries.

The Role of Negligence in a Slip and Fall Case

To recover compensation, the injured party must typically prove that the fall was caused by the property owner’s negligence. This involves showing that you failed to take reasonable care in maintaining the safety of your premises.

Factors that may establish liability include:

• Failing to perform regular maintenance
  
• Ignoring known hazards
  
• Failing to warn visitors of hidden dangers
  
• Allowing icy sidewalks or slippery surfaces to remain untreated
  

If the property owner’s negligence directly contributed to the accident, they may be held liable for the injured person’s damages, including medical expenses, pain and suffering, and other losses.

Does Homeowners Insurance Cover These Claims?

Most homeowners have insurance policies that include liability coverage. If a person is injured on your property, the insurance may help pay for their medical bills and other damages. However, insurance companies often investigate these incidents thoroughly and may deny a claim if they believe the injured party was at fault.

An insurance settlement may depend on several factors, including:

• Whether the fall accident occurred due to a hidden danger
  
• If the hazard was obvious but ignored
  
• Whether the injured party contributed to their own fall through carelessness
  

Each case is highly dependent on its specific circumstances, so it’s important to speak with a premises liability attorney if you’ve been named in a claim or if someone was injured on your property.

When Are You Not Liable?

You are generally not liable for a fall accident if:

• The person injured was trespassing or had no legal right to be on your property
  
• The hazard was open and obvious, and the injured person ignored it
  
• The person’s own carelessness was the sole cause of the accident
  

In these situations, it may be difficult for the injured party to establish liability or recover compensation. Still, even if you believe you’re not responsible, it’s wise to consult a lawyer to protect your legal position.

Premises Liability and Your Legal Responsibilities

Whether you own a home, manage a rental property, or oversee a commercial property, you are expected to take reasonable steps to ensure the property is safe. This legal concept—known as a landowner’s duty—applies to all types of properties.

Under New York’s premises liability laws, your obligations include:

• Fixing or removing trip hazards promptly
  
• Posting warning signs when a hazard can’t be immediately fixed
  
• Following safety standards related to walkways, stairs, and other access areas
  
• Taking action when hazardous conditions, such as icy sidewalks or wet floors, pose a risk to others
  

Failure to take these steps may lead to liability claims and legal consequences if someone is injured.

Learn more about whether you’re liable if someone trips at your home. Call Greenstein & Pittari, LLP at (800) 842-8462 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and resolution.

FAQs: Property Owner Liability in NYC Trip-and-Fall Cases

What makes a property owner liable for a fall on their property?
Liability often depends on whether the owner knew about a hazard and failed to fix it or warn visitors. If someone trips due to a dangerous condition that should have been addressed, the owner may be held responsible.

Can someone sue me for falling on my property?
Yes. If a person suffers a fall accident due to your negligence as a property owner, they may file a premises liability claim to recover compensation for medical bills and related damages.

What if the person fell because they weren’t paying attention?
If the fall was caused by the person’s own carelessness, they may share some or all of the responsibility. This can affect whether they are eligible to recover compensation or how much they receive.

Does liability change if the fall happens on private versus commercial property?
The principles of premises liability apply in both settings, but standards of care may differ. A business owner may owe a higher duty of care to invitees than a homeowner does to social guests.

How can I prevent liability as a homeowner?
Perform regular maintenance, fix hazards promptly, warn visitors of potential dangers, and make sure areas like walkways and stairs are kept in safe condition, especially during bad weather.