You are not liable as a homeowner for every slip and fall that occurs in your home. To be held liable for someone else's injuries, you must have been negligent in some way that caused the accident. You would not be liable if someone fell because they lost their balance. If they tripped and fell due to unfinished construction on your staircase, you will most likely be held liable. The nature of slip-and-fall claims is discussed in greater detail below.
Slip-and-fall accidents are not typically covered by homeowners insurance. It will, however, step in to cover the cost of a legal defense and/or eventual payout if a slip-and-fall or other liability suit is filed against you. You would only be held liable if it could be demonstrated that the injured person's fall was caused by your negligence.
A person cannot enter your home, slip due to untied shoes, and then sue you for medical damages. They may sue you, however, if they fell because your stairs were unsafe, your carpets were not properly secured, or your floor was wet and you did not notify them.
Slip-and-fall accidents are just one of many types of liability suits that can be filed against a homeowner, including dog bites. Here are some more examples of tripping and falling for which you may be held liable:
Most homeowners policies include a minimum of $100,000 in liability insurance, which is separate from the coverage that protects your home or property's structure. Given the cost of medical and legal expenses, $100,000 may not be enough to adequately insure most homeowners against liability suits.
We always recommend that homeowners (and car owners) weigh the value of their total assets against the likelihood of being the target of a liability claim in order to be adequately insured. People are more likely to pursue a liability claim if they believe you will be able to pay. Furthermore, the frequency with which you are exposed to the possibility of being held liable, such as car sharing or owning a swimming pool, should be considered in your decision.
If someone trips and falls in your home and wants you to pay for their injuries, they must file a claim with your insurance company. We recommend that you comply and provide all of your insurance information openly. Attempting to conceal the identity of your insurer will only result in additional legal issues. Following that, your insurer will dispatch an adjuster to conduct an investigation, collect statements, and gain a better understanding of the case.
Unless you had malicious intent and purposefully caused the fall, your insurer should cover you.
Your insurance company will pay for your defense and will try to negotiate the smallest possible payout. In most cases, if the person suing you appears likely to win, the insurer will want to reach an out-of-court settlement with them. If the case goes to court, your insurance company will pay for any legal fees you incur. If you lose your case, they will pay the court-determined settlement.