Are You Liable if Someone Falls and Gets Injured on Your Property?
In Iowa, the answer is… Sometimes.
The simple answer is that you may be liable if there is a dangerous condition on your property and you never warned anyone. Regardless, it’s a good idea to get a free slip and fall injury consultation from a personal injury lawyer who specializes in slip and fall accidents and can do a case review and let you know your options.
According to a legal review from 2016 by Iowa State University’s Center for Agricultural Law and Taxation, “Bottom line, tort law requires that we take responsibility for our own actions and the hazards we create. If we don’t, we can be sued and ordered by a court to pay damages to those we have harmed.” The report goes on to explain that there are several different torts or civil causes of actions that people can seek damages for, but the most common is negligence.
The Iowa Supreme Court issued a ruling in 2009 that outlines the factors of reasonable care.
Some of the factors of reasonable care mentioned include:
- The foreseeability of potential harm
- For example, if you don’t want people to trip and fall, you shouldn’t have a bunch of loose extension cables or holiday lights across your sidewalk where people may traverse. You also shouldn’t go full Kevin McAllister inside (or outside) your home.
- Why the person was on the property
- This is important because it’s less likely the property owner is responsible for the safety of trespassers in the case of accidental injury
- The circumstances, time, and manner of when the person entered the property
- If the property owner or occupier could have repaired or given warning of the potential danger (opportunity), and how easily it could have been done
There are a few more factors to consider as well, which can be found In the Koenig v. Koenig Iowa Supreme Court ruling document found here if you’re curious.
Have questions about injuries that happened on your property?
We wrote a blog about it to cover it more in-depth. Click below to check it out!
Related Slip and Fall Injury FAQs
Click the (+) on any of the questions below.What is "premises liability"?
"Premises liability" is a fancy way of saying that property owners are responsible for making sure their property is safe. If someone gets hurt because of something dangerous on your property, like a broken step or icy sidewalk, you might be responsible for their injury. Every case is different, though, so talking to a lawyer can help you figure out what’s fair.
Can I get sued if someone slips on ice outside my house?
Yes, you could get sued if someone slips on ice outside your house. But that doesn’t mean you’ll be found responsible. In some places, you’re required to shovel and salt your sidewalks within a certain amount of time after it snows. If you didn’t clear the ice, you might be liable. Check your local rules and talk to a lawyer if you’re unsure.
Am I responsible if a trespasser gets hurt on my property?
Most of the time, you’re not responsible for trespassers. If someone breaks onto your property and gets hurt, you’re generally protected from liability. However, there are some big exceptions. One famous case in Iowa (Katko v. Briney) ruled that using deadly force to protect property alone is not allowed. If a trespasser slips on your icy sidewalk, you’re probably not responsible. But if you set a trap or create a danger that could seriously injure someone, you could be liable. If you have questions, it's best to talk to a lawyer to understand your rights.
Am I responsible if someone trips over my garden hose?
If you leave a garden hose, tool, or anything else in a place where people walk, you could be held responsible if someone trips over it. The law says you have to make your property reasonably safe, and that includes clearing things out of walkways. If you’re worried about it, a lawyer can review your situation and tell you where you stand.
Do I have to pay for someone’s medical bills if they get hurt on my property?
Not always. If they were being careless or doing something risky, you probably aren’t responsible. But if they got hurt because of something dangerous that you should have fixed (like a broken stair), you could be on the hook. A lawyer can help you figure out if you’re responsible or not.
What should I do if someone gets hurt on my property?
If someone gets hurt on your property, follow these steps: 1. Check on them and make sure they’re okay. 2. Take pictures of where the accident happened. 3. Get witness info from anyone who saw it happen. 4. Don’t admit fault or say, “I’m sorry.” 5. Call a lawyer to figure out what to do next.
What is "duty of care" for property owners?
"Duty of care" means you have to keep your property reasonably safe for people who visit. This means fixing broken stairs, clearing icy sidewalks, and making sure walkways are safe. If you don’t, you might have to pay for someone’s medical bills if they get hurt. What’s "reasonable" can change depending on the situation, which is why it helps to talk to a lawyer.
Will my homeowner's insurance cover me if someone gets hurt?
Most of the time, yes. Homeowner's insurance includes "personal liability coverage" that helps pay for medical bills, legal fees, or settlements. Check your policy or talk to a lawyer if you’re unsure.
Can I be responsible if a delivery driver or contractor gets hurt on my property?
Delivery drivers and contractors are "invitees", which means you owe them a higher level of care. If they get hurt because of something you should have fixed (like an icy step or loose railing), you might be responsible. Contact a lawyer to be sure.