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What Happens if Someone Falls on Your Property?

Your policy's liability coverage typically pays their medical bills and your legal costs if they sue, up to your policy's limit.

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A white Cape Cod style house with dark shutters, gray shingled roof, brick chimney and attached garage, with a mowed lawn, flowering pink shrubs and a paved driveway.

Liability coverage sits apart from dwelling coverage, which only protects the house itself. Your declarations page lists the liability limit you're insured for, along with a separate, smaller amount called medical payments coverage. That smaller amount pays minor injury claims regardless of who was at fault, without a lawsuit. If someone's medical bills end up higher than your liability limit, you could be personally on the hook for the rest. That's worth checking before closing, especially if you're buying a larger house or one with a pool.

A dimly lit living room at night with a lit table lamp beside a sofa with cushions and a knit blanket, a wooden coffee table in the foreground, and an open doorway leading to an adjacent room.

Liability limits vary a lot from one policy to the next, and so does what you'd pay for them. A policy with a low limit might look cheaper at closing but leave you exposed to a bigger bill if a fall turns into a lawsuit. Comparing a few quotes side by side shows what higher liability coverage actually costs, so you can decide what's worth paying for before you're locked into a policy.

Does it matter who the person was?

Liability coverage generally applies no matter who falls, a neighbor, a delivery driver, a guest at a party. Medical payments coverage works the same way. Both are written to cover people who aren't part of your household, since your own family's injuries are handled differently, often through health insurance rather than your home policy.

There's an exception worth knowing before you close. Most homeowners policies exclude injuries to people doing work on your property as a contractor or repair person, because that's what their own business insurance is for. If a roofer falls off a ladder at your house, your liability coverage isn't the first place that claim goes. This matters more once you own the house and start hiring people to work on it, less so in the first few months.

Trespassers are a gray area that depends on your state and the circumstances. Some states hold homeowners to a lower standard of care toward someone who wasn't invited onto the property. Others apply what's called an attractive nuisance rule, where if something on your property, a pool, a trampoline, a swing set, is likely to draw in neighborhood kids, you can still be liable even if they weren't supposed to be there. A pool is the clearest example and one reason insurers ask about one directly when you apply.

None of this changes what your policy pays out once a claim is filed and covered. It affects whether a claim is covered at all, which is a separate question from how much. Reading the liability section of a sample policy before you buy, not just the number on the declarations page, gives a fuller picture of what's actually included. If you're buying a house with a pool, a trampoline, or anything else that might draw visitors, asking directly how that's treated is a reasonable question to raise before you sign anything.

A two-story gray shingled house with white trim, a covered front porch with railing, a wooden front door, and a concrete walkway through a lawn with hydrangea shrubs and trees.

What should you do if someone actually gets hurt?

Once an injury happens on your property, what you do in the first few days affects how smoothly the claim goes. Get the person basic help first. Beyond that, write down what happened while it's fresh. Note where they fell, what the weather or lighting was like, and whether anything on the ground contributed. Photos of the area help more than memory does a few months later.

Report it to the insurer even if the person says they're fine and don't plan to pursue anything. People change their minds, especially once a bill from an ER visit shows up. Most policies require you to report incidents within a certain window, and waiting until someone threatens a lawsuit can complicate things. The insurer, not you, decides whether medical payments coverage applies or whether it rises to a liability claim.

Don't offer to pay for anything out of pocket before talking to the insurer, even informally. It feels like the decent thing to do, but it can muddy how the claim is handled later, especially if the amount grows. Let the claim go through the process it's built for. If the person has their own health insurance, that may cover part of it too, and the two can sort out between them who pays what.

Keep in mind that a claim like this can affect your policy at renewal, the same way a few other claims might. That's not a reason to avoid reporting something that should be reported. It's part of why some people choose higher liability limits over paying small medical bills themselves when they can afford to. Once you own the house, knowing your insurer's claims process before you need it makes the first call a lot less stressful.

Four people, two adults and two children, stand in the shallow end of a rectangular outdoor pool beside a modern house with a covered patio, with a lawn and trimmed hedge in the background.

Before you sign

Check the liability limit on the policy you're about to buy, and ask what the medical payments amount is. If the house has a pool or trampoline, ask directly how that's handled.

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