Are You Responsible if Someone is Hurt at Your House?
- Posted on: Oct 18 2018
If someone gets hurt at your house, your business, or any other property you own, you can be legally responsible for their injury. However, it’s not quite as simple as that. Someone may get hurt in an accident at your home yet not be your fault. Premises liability does not mean you are legally responsible for every single thing that happens in your home. That’s why it’s very important for you to know what your legal responsibilities are.
Who Got Hurt?
You may not think it really matters who was injured at your home, but it does. Your duty to those on your property differs depending on whether or not they were invited or if they are trespassing. If someone is trespassing on your property and is injured, they may not necessarily be able to sue you. However, if you have invited someone to your home and they’re injured in the exact same way, they may be able to hold you responsible.
Note that some states have actually changed the law and eliminated these two classifications. Instead, they look at whether you had a reasonable right to protect the injured person under the unique circumstances that led to their injury.
The next thing to look at is the accident itself. If it was truly an accident that you could not have prevented in any way, you shouldn’t be held responsible for it. However, if the injured party can prove that you were negligent or that your actions or inactions led to the injury, you are legally responsible.
What constitutes as being negligent? If you have a broken railing on your front porch that you know about and someone leans against it and falls, that’s negligence. If someone trips over something that was clearly where it shouldn’t be, it’s also negligence. This is why it’s important to make sure your floors are dry, rugs are fitted with non-slip grippers, stair railings are tight, and everything is in good repair.
Accidents do happen, but there is a difference between a true accident and an event that was avoidable. This is where personal liability comes into play. If someone has filed a personal injury case against you, contact Held & Hines LLP today. Our experienced team will assist you in protecting yourself from liability.