Are home owners liable for injuries to home buyers? Depends - but first - I am not a lawyer, below is general information on this topic. This is not legal advice and every situation is different. Remember, a ham sandwich can be sued...

Under Georgia law, property owners have a duty to exercise ordinary care in maintaining their property in a safe condition for those who are lawfully on their premises. This includes taking reasonable steps to prevent foreseeable hazards that could cause injuries to visitors. Liability for slip and fall accidents can vary based on the jurisdiction and the specific circumstances of the incident. Generally, whether a home owner is liable for a slip and fall by a home buyer during a visit depends on several factors.

Are Home Owners Liable?

  • Duty of Care: Property owners, including home sellers, often have a duty to maintain their property in a reasonably safe condition for visitors. This duty of care may extend to potential buyers who are invited to view the property.
  • Visitor Status: The legal classification of the visitor can impact the level of responsibility the property owner has. Visitors are typically categorized as invitees, licensees, or trespassers. Invitees are owed the highest duty of care, licensees are owed a lesser duty, and trespassers are owed the least duty.
  • Negligence: To establish liability, the injured party (in this case, the home buyer) usually needs to prove that the property owner was negligent in maintaining the property or failed to address hazards that could foreseeably cause harm. Negligence might involve not addressing known hazards, not warning visitors about dangers, or not taking reasonable steps to prevent accidents.
  • Notice: The property owner's knowledge of the hazard or dangerous condition is often crucial. If the home seller was unaware of the hazard that caused the slip and fall, it could impact their liability.
  • Foreseeability: The property owner's responsibility often hinges on whether the hazard was foreseeable. If the hazard was easily preventable and foreseeable, the property owner might be held liable.
  • Contributory Negligence: In some jurisdictions, the injured party's own negligence might be considered in determining liability. If the home buyer's actions contributed to the accident, their recovery might be reduced or denied.
  • Local Laws: Local laws and regulations can influence liability and negligence standards. Some jurisdictions might have specific laws related to property owner liability for injuries.

Seth Weissman is an attorney at Weissman PC and general counsel for Georgia REALTORS:

What Can a Home Buyer Prove?

If a home buyer slips and falls while visiting a property, the injured party generally needs to prove that:

  • There was a hazardous condition on the property that caused the accident.
  • The property owner was aware of or should have been aware of the hazardous condition.
  • The property owner did not take reasonable steps to address the hazard or provide adequate warning.
  • The hazardous condition was a significant factor in causing the slip and fall and resulting injuries.

What can be proven in court? Same questions can surround seller's disclosures; can you prove a seller lied? Can you prove the agent(s) knew and failed to disclose a defect? If an injury happens at a listing, is a suit warranted? What are the circumstances, what kind of case, where and how did it happen....variables.

Again - I am not a lawyer and this should not be construed as legal advice. It's important to note that each case is unique, and liability can be influenced by numerous factors. If you find yourself in a situation like this, it's recommended to consult with a legal professional who specializes in personal injury law or premises liability. They can provide advice tailored to your specific situation and the laws in your jurisdiction.

Posted by Hank Miller on


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