Understanding Legal Responsibility When Guests or Buyers Get Hurt on Your Property
Open houses and private showings are key moments in the home-selling process. They invite potential buyers to tour the property freely—but they also open the door to unexpected legal issues if someone gets injured while visiting.
So, what happens if a visitor trips on a loose floorboard, slips on a freshly mopped tile, or tumbles down poorly lit stairs during a showing? Can the homeowner be held liable for those injuries? The answer is yes—under certain conditions.
Here’s what sellers and buyers alike need to know about premises liability during real estate showings.
🏡 Understanding Premises Liability for Homeowners
In personal injury law, premises liability refers to a property owner’s responsibility to keep their property reasonably safe for visitors. This legal duty does not go away just because a home is on the market.
During an open house or showing, multiple people—real estate agents, prospective buyers, contractors, inspectors—may enter the property. If a hazardous condition causes injury, the homeowner may be liable if:
They knew or should have known about the danger, and
They failed to take reasonable steps to fix it or warn visitors
This legal principle applies even if the homeowner is not physically present during the injury.
⚠️ Common Hazards That Lead to Lawsuits
Real estate showings are ripe for liability issues because many sellers don’t think like landlords or business owners—but the risks are real.
Common sources of injury include:
Wet floors or slippery entryways
Uneven steps or broken railings
Loose rugs or carpets
Poor lighting in stairwells or basements
Aggressive or unsecured pets
Exposed nails, wires, or construction debris
Cracked driveways or sidewalks
If any of these hazards cause a fall or injury, the injured party may sue for medical bills, lost wages, pain and suffering, and more.
🤝 Does the Real Estate Agent Share Liability?
In some cases, real estate agents or brokerages may also be partially liable—especially if they failed to warn visitors of known dangers, or actively encouraged unsafe behavior (e.g., guiding someone into a closed-off area).
Liability is often shared among:
The homeowner (property owner)
The listing agent or brokerage
The buyer’s agent (less common)
Third-party service providers (stagers, cleaners, contractors)
📝 What About Open Houses Hosted by Agents Alone?
Even if a homeowner is not present during the open house, they may still be liable. Courts typically view the homeowner as having “invited” the public onto the property, whether personally or through their agent.
However, if the injury was caused by something the real estate agent did, the agent or their firm could be held responsible instead (or in addition).
🔍 Proving Liability: What an Injured Visitor Needs to Show
To win a claim against a homeowner, the injured person must usually prove:
The homeowner owned or controlled the property
There was a dangerous condition
The homeowner knew or should have known about it
They failed to fix it or provide a clear warning
This failure directly caused the injury
Photos, witness statements, inspection reports, and medical records all play a role in proving these elements.
🛡️ How Homeowners Can Protect Themselves
Selling your home? Here are a few smart ways to reduce the risk of a personal injury claim:
Inspect your property thoroughly before any showings
Fix obvious hazards like loose railings, wet steps, or trip risks
Post warning signs near any areas that can’t be fixed in time
Keep pets secured or off the premises
Maintain walkways and entrances, especially during bad weather
Ensure homeowner’s insurance is current and covers liability
Confirm what coverage your real estate agent’s brokerage provides
Bonus tip: Consider adding umbrella insurance if you want extra liability protection during the sales process.
🏚️ Buyers: What If You’re Hurt During a Showing?
If you’re injured while touring a home, you may have a valid personal injury claim. Contact an attorney right away—especially if you:
Fell due to poor maintenance
Were not warned about a known hazard
Suffered serious injuries requiring medical treatment
You may be entitled to compensation, even if you signed a release or waiver before the showing. Those documents are not always enforceable in court, especially in cases of negligence.
✅ Bottom Line: Liability Doesn’t Stop When the “For Sale” Sign Goes Up
Real estate showings are still the homeowner’s legal responsibility. Even if they’ve handed off duties to an agent or moved out, the law expects them to maintain a safe space for visitors. That means checking for hazards, warning guests, and being proactive about safety.
And for anyone injured during a showing, you don’t have to absorb the cost alone. A personal injury attorney can help determine who was at fault—and how to recover for your losses.
