ABA Family Legal Guide

Home Ownership

Property Insurance and Other Protections

Floor Wax and Dog Attacks: Liability Issues

What is the difference between natural and artificial hazards?

Generally, courts do not hold homeowners liable for injuries stemming from natural hazards such as lakes and streams, even if a child is hurt, unless some other negligence is involved. Homeowners are more likely to be responsible if the hazard was created artificially. For example, a man who was pushing a child on a tree swing while attending a barbecue in New York stepped back onto a rotted plywood board covering a sewer trap, which gave way under his weight. A court found the homeowners liable because they knew about the danger and made it worse by hanging the swing where anyone pushing a child on it would have inevitably stepped on the rotted cover.

On the other hand, take the case of a Nebraska man who just finished shoveling snow off his driveway in the freezing mist. While he was inside getting some salt to finish the job, the mail carrier slipped and fell on the driveway. The mail carrier sued, but the court ruled the homeowner was blameless because he did not create the hazard and was doing his best to eliminate it.