Here's is a scenario. A person selling items comes onto your property. They slip and fall on your steps. They suffer significant injuries. Who is responsible?
The question is a concern because you did not welcome this person onto your property. They did not have permission to enter it. It can seem, then, that you are not responsible for their loss. However, that is usually not the case. The good news is your home insurance is likely to help cover your losses.
Home insurance is a bit complex in the case of uninvited guests. This is a gray area in many cases. It often is the type of claim taken to court to allow a judge to resolve it. There are a few things that can protect you, as the homeowner, in this situation.
A key concern here is that state laws differ. Many states honor the no duty rule for a trespasser. If the property owner does not know the trespasser is on the property, the individual has no protection from injuries suffered. That is applicable often as long as the owner did not give the individual permission to enter. However, there's a catch. The property owner usually cannot act in a reckless manner towards that person. For example, you can't turn the water hose on a door-to-door salesman.
Still, property owners may hold some of the liability in this matter. If the individual has purposefully made the property unsafe and provided no warning, that is a concern. If the property owner knows about a key risk and does nothing about it, that too can be a factor here. Here is an example. If the property owner knows the steps are dangerous and does not warn people, he or she could have some liability for damage.
In nearly all cases, the court will assign a level of fault to each party. This will determine if the property owner is responsible for any of the losses. In some cases, this does not occur at all. However, when the property owner does have some role, home insurance often helps. Home insurance can cover many claims of liabilities. This usually includes medical bills for injuries to a third party. Home insurance can also offer legal defense in such cases.
Keeping your property safe is wise. Warning others to stay off of it is also necessary. Nevertheless, home insurance offers some key protections in this area. Report your claims to your agent for help. Need home insurance? Call Allen Harmon Insurance at 269.441.5156.
Are Trampolines an Insurance Risk?