Legal Question in Real Estate Law in Florida

This is a fact specific question and the answer depends on who fell, why they were on your property, and the actual condition of the steps and the location on the property.

You have a duty to fix problems that you know about, trip hazards, or dangerous conditions that could cause an injury to someone not familiar with your property, including family, friends, the mail man, and even tresspassers. If the problem is not fixed you must (at least) warn people of the hazard.

You have a higher duty to inspect your property and cure defects if you rent the property or run a business on the property. Was the injured party a tenant, a customer, an invited guest?

Even if the property is "up to code",(meaning that the current construction meets current building codes) it matters if there were contributing hazards, such as wet slippery conditions, recently waxed floors, toys or other items on the steps, deficient handrailing, lightbulbs burned out or not turned on at night, vines or other plants growing on outdoor steps.

If none of these conditions apply, and the person was simply negligent in watching where they were walking, they can still sue you.

They will have to prove that you knew or should have known that a hazardous condition existed, and failed to cure it, or warn them. If none of this is true, they will have a hard time winning, but you still may find yourself defending this suit up to mediation, and possibly even a trial. If you have insurance on your property for liability, your insurance company will be responsible to defend you against the claim. If you don't have insurance, but you have assets...you need a lawyer.

It depends on the facts of the accident. If they sue you, contact your homeowners insurance. Regards,