ABA Family Legal Guide

Home Ownership

Property Insurance and Other Protections

Floor Wax and Dog Attacks: Liability Issues

Am I responsible for anyone who enters my property?

Historically, the law identified various categories of people who might be injured on your property, from people you invite onto the property to trespassers. The category of the injured party dictated the homeowner's duty of care. Although in a few jurisdictions a trespasser is still categorized separately from "lawful" visitors, the courts in most states hold property owners to the same standard with respect to everyone: a duty to employ reasonable care in maintaining your property and to warn people of hazards. This means, for example, that if you permit someone to pick gooseberries on your property, you are obliged to warn the berry picker that the local gun club is holding target practice nearby.

Generally, courts hold homeowners responsible only if they are in some way negligent. The law does not expect the homeowner to guarantee that someone visiting his or her house will not get hurt. But it is the homeowner's responsibility to take reasonable care to protect people from known hazards.