During the summer, having friends and family over to our house is a Florida tradition. Backyard barbecues and pool parties extend late into the balmy evening, and gatherings around firepits are a popular way to relax at the end of an eventful day.
If you are a homeowner, however you need to be aware of the possible liability of someone getting harmed on your property. Whether fire from a grill or firepit or an injury around your pool, your homeowners insurance is likely to cover most situations. But what if you are sued? Are you liable?
With the 4th of July rapidly approaching, the risk of injury from small fireworks or even sparklers also arises. How do you protect yourself from a lawsuit stemming from an incident at your party?
What is Homeowner Liability?
Property owners have a legal responsibility to keep their home and yard safe for visitors and others who may come and go – such as lawn care workers or mailmen. If a visitor is injured or harmed while on your premises, you may be held liable for damages. Homeowner liability can include premises liability from injuries that occurred on the property; zoning violations; injuries related to alcohol consumption or swimming pool accidents.
An invited party guest may be able to bring a personal injury lawsuit against you if they are injured on your property. The merit of their case will depend on how the injury occurred, and the standard of care you applied to your property maintenance. Typically, the law states that homeowners must maintain their property the way any reasonable person would, otherwise they can be sued for negligence. Invited guests must be warned of any hidden dangers on your property, and you must make guests aware of any potential dangers.
You may wish to restrict access to any potentially hazardous areas, such as grills or firepits, determining and keeping a safe radius for guests. Swimming pools should always have the proper safety equipment (such as child fences) installed and operational.
What About Homeowners Insurance? Though your homeowners insurance is likely to protect the homeowner in some situations, these policies do not guarantee that a lawsuit may not be brought.
Fireworks and Liability
In the state of Florida, fireworks provide a unique opportunity for liability which you may not even be aware of. At a 4th of July party, it is common for hosts or guests to bring fireworks to help celebrate the occasion. Although this may be a cherished tradition, as a homeowner there is one glaring problem – most fireworks are illegal for personal use in this state. The only class of firework which is legal for a backyard barbecue are those in the sparkler family. Popular fireworks such as Roman candles are prohibited for use. Because of this, if someone gets injured on your property by an illegal firework, you could find yourself in a lot more legal trouble than you bargained for.
These facts may come as a shock for some, as these illegal fireworks can seemingly be purchased legally at any roadside stand. However, those selling the fireworks are exploiting a loophole which allows them to sell the fireworks for approved purposes, for instance for hunting, or for commercial fireworks displays. They will generally have you sign a waiver that says that you will not use the fireworks in an illegal manner, letting them off the hook.
If you allow fireworks on your property and someone is injured or a neighbor’s property is damaged, you may be charged with a misdemeanor, fined , or even spend a short time in prison – but you may also be sued for breach of care and negligence. Even though “everybody does it”, it may be smarter to stick with sparklers.
If you find yourself facing a personal injury lawsuit and don’t know what to do, call the attorneys at Probinsky & Cole. We can help.
We wish you a safe and happy 4th of July.
