ABA Family Legal Guide

Home Ownership

Property Insurance and Other Protections

Floor Wax and Dog Attacks: Liability Issues

Am I responsible if someone has an accident in my home or on my property?

The question of legal responsibility hinges on whether your negligence (that is, carelessness) contributed to an accident or injury. Homeowners are liable, meaning legally responsible, only if a court finds them in some way negligent. Of course, many cases settle out of court before this point if the homeowner or her or his insurer believes that a court would find the owner negligent.

For example, in some states, a homeowner might be considered responsible if someone slips and falls on the icy sidewalk outside the front of the house. Other common injuries and negligence suits involve power lawn mowers, swimming pools, boats, and other recreational vehicles. Most homeowners carry insurance, and the insurance company generally handles any claims against the homeowner. It's only when the insurer believes the claim is unreasonable that the matter is likely to land in court. Even then, the insurer will provide the lawyer and pay any damages awarded (up to the limit of the policy), along with court costs.

Still, facing a lawsuit and going to court is no fun. Lawsuits involve months of depositions, motions, and counter motions before the trial even gets started. Even after a verdict is rendered, a party may appeal, and the battle could go on for years. As a homeowner, you are far better off both preventing injuries on your property in the first place and protecting yourself with a comprehensive insurance policy in the event the unavoidable and unexpected does occur.