If Someone Slips on Your Icy Driveway, Are You Liable?

The colder months bring cozy nights, hot drinks and… the annual battle between you and your snow shovel. As tempting as it is to wait until the weekend to clear the ice, doing so could create more than just a slippery situation – it could leave you responsible if someone gets hurt.

Here’s what you should know about how homeowners insurance may apply if someone slips on your property and simple ways to help prevent it from happening.

Understanding Homeowners Liability Coverage

Most standard homeowners policies include personal liability coverage. This coverage often applies to incidents that happen anywhere in the world and can help protect you if you’re found responsible for someone else’s injury or property damage.

It may help cover expenses such as medical bills, pain and suffering, lost wages and legal defense costs if you’re sued. Your policy may also include medical payments coverage, which can help pay for minor injuries that happen on your property, even if you’re not found at fault.

Personal liability coverage generally applies when a homeowner is found negligent, meaning they failed to take reasonable care to prevent harm. In this case, negligence might mean the homeowner knew, or should have known, about unsafe conditions like ice on the walkway but didn’t take steps to fix the issue or warn others about it.

When Homeowners May Be Found Negligent

As a homeowner, you’re expected to take reasonable care of your property, but you also have a reasonable amount of time to address hazards like snow or ice.

For example, if a delivery driver stops at your home during an active snowstorm and slips in the driveway, you would be less likely to be considered at fault. You haven’t yet had a fair chance to clear the snow.

However, if your driveway hasn’t been shoveled or salted for several days, and you knew about the icy conditions but didn’t take action, you could be found negligent.

There are also cases where the homeowner may not be liable because the injured person was careless. For instance, if your neighbor runs over to your house wearing slippers and falls, you may not be responsible for that injury.

The type of visitor on your property can affect your level of responsibility, too. The injured person’s status, whether they’re a guest, worker or someone who isn’t supposed to be there, can play a big role in how slip-and-fall liability is evaluated. Homeowners owe a higher duty of care to invited visitors, such as delivery drivers, contractors or neighbors stopping by. Trespassers, on the other hand, are generally not owed that same duty.

Because laws about liability and negligence differ by state, it’s a good idea to check how they apply where you live.

Continue reading at Auto-Owners Insurance, here.