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When is homeowner’s insurance not liable for falls?

On Behalf of | Apr 25, 2024 | Premises Liability |

In Texas, comprehending homeowner’s insurance liability for falls on residential property requires navigating various nuances of Texas law and the insurance policy itself. This article aims to clarify situations where homeowner’s insurance might not cover such incidents.

Coverage scope

Homeowner’s insurance commonly encompasses liability coverage. This safeguards homeowners against injury claims on their property. Nonetheless, certain scenarios may exempt homeowner’s insurance from liability.

Negligence and accountability

In Texas, homeowner’s insurance becomes liable when negligence is proven. Negligence refers to failing to exercise reasonable care to prevent harm. If a visitor trips without any hazardous condition present, homeowner’s insurance is unlikely to be liable.

Exclusion conditions

Several conditions can warrant exclusions from coverage. First, insurance coverage might be void if a homeowner deliberately creates hazardous conditions leading to falls. Second, standard homeowner’s policies might not apply during business activities at home. Separate business insurance may be required for such activities. And, finally, injuries resulting from illegal activities on the property typically are not covered.

Policy limitations

Policy limits dictate coverage as well. If injury costs exceed the policy limit, homeowners may be personally liable for the difference.

Role of insurance adjusters

Insurance adjusters investigate claims to determine policy coverage eligibility. They assess whether homeowner negligence contributed to the fall.


Although homeowner’s insurance offers a safety net for many residential incidents in Texas, understanding policy limitations and exclusions is crucial. This ensures homeowners are adequately protected. Though, to be clear, adjusters are not the final word on coverage as they can be appealed directly with the insurance company, to the state and to the courts.