ABA Family Legal Guide

Home Ownership

Property Insurance and Other Protections

Floor Wax and Dog Attacks: Liability Issues

What should I do if someone is injured on my property?

First and foremost, do all you can to help. Express concern, ask what injuries might have been suffered, make the victim as comfortable as possible, call for medical assistance, and so on.But don't say anything to suggest or admit guilt or negligence. While it's natural to empathize with the injured party and to want to soothe any pain and suffering, as well as your own feelings of guilt, it's not a good idea to complicate your potential liability with such statements. Rather, leave it up to the law to decide who was responsible.

Notify your insurer in writing (and speak to your lawyer) as soon as possible. Don't talk with the other party or his or her lawyer about liability until you've taken these steps. You may well decide later to offer to defray some medical bills of the injured party, but do this after you have had the chance to review the situation with a clearer head and the appropriate parties.

There's one other situation in which the law requires you to act. If someone has been hurt on your property or is in danger, you may have a legal duty to offer humanitarian aid even though you had nothing at all to do with the injury. For example, a Minnesota cattle buyer became severely ill while inspecting a farmer's cattle. A court later ruled that the farmer had a duty not to send the man, who was helpless and fainting, out on the road alone on a cold winter night.