Imagine you’re indoors during an ice story, feeling cozy in your warm apartment. You eventually get hungry and think to order doordash for lunch, but he slips on your icy driveway. In this case, Are you responsible for when the delivery man gets injured on your property?
Surprisingly, this scenario actually happened and was captured on camera and quickly became viral. The clip shows a doordash delivery driver going up the customer’s icy driveway. However, he ensured each step was slow and calculated to avoid falling.
Alas, the man’s efforts were in vain, and he slipped on the icy floor, slowly sliding back to the main road. Many saw the clip and wondered who was responsible for the damage he sustained -doordash, himself, or the customer?
Ugo Lord Explains Homeowners’ Liability
As expected, internet-famous lawyer Ugo Lord explains the legal repercussions of ordering doordash in lousy weather.
Once the video played, Ugo Lord stepped in and explained that there’s a legal principle called The Assumption of Risk. This states that “if you know that your conduct will lead to bodily injury, you would be liable for your own injuries.”
In other words, according to this principle, the man knew delivering an order in bad weather could result in some form of harm. Therefore, he may be liable for the damages that happened next. However, there’s more to this story since it involves the homeowner.
Ugo Lord quickly points out that “ladies and gentlemen, something is missing in this video.” “This homeowner ordered doordash, knowing that the property was icy. So, if you invite someone knowing that your property is dangerous, you’re liable if that person gets injured.”
So what’s the conclusion? The Tiktok lawyer closes the case by pronouncing the homeowner “mostly liable” for the damages that happened next.
A Deeper Dive Into Homeowners’ Liability
So, what is homeowners’ Liability? This term refers to when a priority owner is responsible for the harm others experience on their premise. This principle becomes effective when the damage arises from unsafe or negligent conditions on the real estate.
Note that the level of liability for the damage depends on several factors, and these include:
- The type of visitor injured
- Whether the visitor had permission to be on the property or access certain areas
- The extent of safe vs unsafe conditions
- How careful the property owner was in keeping the place safe
Note that different states have different rules about homeowners’ Liability. Generally, courts look at what kind of visitor got hurt to decide if the owner is responsible. The primary consideration is if the visitor was:
- Someone invited onto the property (invitee)
- Someone allowed to be there (licensee)
- Someone who wasn’t supposed to be there (trespasser)
Also, keep in mind that even if a trespasser gets severely injured on your property, you may still face legal issues. Why? The court will reason that children and emergency services would have met the same fate on your property.
Therefore, property owners are expected to take care of their homes to avoid causing harm to people who might come onto their property. But the rules can vary based on the situation’s severity and the type of visitor who got hurt.
What To Do If Someone Gets Hurt On Your Property
If an invitee gets hurt on your property, it’s essential to take specific steps. Firstly, ensure the person receives immediate medical attention if needed. Next, document the incident by taking notes and photographs of where the accident occurred.
It’s crucial to show concern for the injured person’s well-being; this ensures they recover faster and may lighten your penalty if they press charges. Regardless, contact an expert lawyer and report the incident for guidance on the next step.