With home deliveries as popular as ever, it’s worth asking: What happens if a delivery person gets injured on your property? Are you liable? Understanding the basics of liability and taking steps to maintain a safe property can help reduce your risk and protect everyone who comes to your door.
Here’s a look at when you might be liable, when you might not, and some practical steps to keep your property safe for everyone.
Understanding Premises Liability
Premises liability is the legal responsibility property owners have to keep their property reasonably safe. For homeowners, this usually means taking reasonable precautions to prevent accidents and injuries to people visiting your property.
Delivery people, like anyone coming onto your property to perform a service, are generally considered “invitees.” This means that homeowners owe them a “duty of care,” or responsibility to make sure the property is reasonably safe. Otherwise, the injured person can file a premises liability claim.
When Are Property Owners Liable?
In many cases, homeowners can be held liable if a delivery person is injured due to unsafe conditions on their property. Here are a few common situations where liability might come into play:
Unsafe Walkways
If your walkway is icy, uneven, or covered in debris, and a delivery person slips and falls, you could be held responsible. It’s your responsibility to keep walkways safe, especially if you know someone will be using them.
Poor Lighting
Poor lighting around steps, porches, or entryways can lead to trips and falls. Without clear visibility, delivery workers can easily miss steps or obstacles. Ensuring that entrances are well-lit can help prevent accidents.
Loose Pets
Pets are lovable, but even friendly dogs can cause accidents if they jump, chase, or trip someone. If a delivery person is injured because of your pet, you could be held liable for failing to control the animal.
Hazards Left Unaddressed
Loose handrails, slippery surfaces, or tools left on walkways can all be hazardous. If an injury occurs because of something you could have reasonably fixed or removed, you might be held responsible.
In all these situations, a homeowner’s liability often depends on whether they took reasonable precautions to make the property safe.
When Are Property Owners Not Liable?
There are times when a homeowner may not be held liable if a delivery person gets hurt. Here are a few exceptions:
- Assumed Risk: Delivery workers assume some risk in their line of work, which can limit your responsibility in certain cases. For example, if a delivery person encounters everyday, natural conditions—like a light drizzle on a rainy day—they are expected to take some caution.
- Unavoidable or Unforeseeable Accidents: Sometimes, injuries happen due to unforeseeable incidents, like a sudden storm or something a homeowner couldn’t predict or prevent. In these cases, it’s less likely that you’ll be held responsible.
In general, if you have done your part to keep your property safe and an injury still occurs under unusual circumstances, you may not be held liable.
Practical Tips to Minimize Risk
Keeping your property safe for delivery people and other visitors can go a long way in preventing accidents. Here are some easy steps you can take.
- Keep Walkways Clear and Well-Maintained: Regularly inspect and maintain paths, driveways, and steps. This can mean shoveling snow, fixing loose stones, and removing debris that might cause a trip or fall.
- Ensure Proper Lighting: Place adequate lighting around any entrances and walkways. Solar lights, motion sensors, or porch lights can help make sure visitors see where they’re going.
- Communicate and Warn of Hazards: If there are temporary hazards—like wet paint, construction work, or loose gravel—use signs or barriers to clearly mark these areas. Delivery people can then be more cautious around these spots.
- Secure Pets: Even if your pet is usually friendly, it’s best to keep pets secured when expecting a delivery. This reduces the chance of a dog knocking someone over or getting in the way.
What to Do if an Injury Occurs on Your Property
If a delivery person gets hurt on your property, there are a few steps you should take immediately.
Ensure They Receive Medical Attention
Call for medical assistance if needed, or help the injured person get the care they need. Safety should always be the first priority.
Document the Incident
Take photos and write down details of the incident, including the condition of your property, weather conditions, and anything else relevant. Having documentation can be helpful if you need to file an insurance claim or if the case escalates.
Contact Your Insurance Provider
Homeowners insurance often covers injuries that occur on your property, but it’s important to check with your provider to confirm your coverage. Reporting the incident promptly can help you understand the next steps.
Safe Properties Mean Safe Deliveries
While delivery drivers face certain risks as part of their jobs, homeowners have a responsibility to make sure their property is reasonably safe. By staying proactive—keeping paths clear, maintaining proper lighting, and securing pets—you can help reduce the risk of accidents on your property.
If an injury does happen, stay calm, help the injured person, and document the details. By understanding these basics, you can protect both yourself and those who visit your home.
