Who is liable if someone is injured on my property?
In short
Who is liable if someone is injured on my property? You as owner, but only if you breached a duty, for example left a loose step unrepaired or did not grit in winter. Pure bad luck is not your problem. If you live in the house or flat yourself, your personal liability insurance usually pays; good tariffs cost about EUR 40 to 120 a year.
Guide values from published premium ranges for liability policies.
Example
Typical range
Personal liability, single, good tariff
about EUR 40 to 120 a year
Personal liability, family or couple
about EUR 60 to 180 a year
Recommended cover
at least EUR 10 million
Property owner's liability, two-flat building
from about EUR 36 a year
Property owner's liability, undeveloped plot of 1,000 square metres
about EUR 32 a year
Guide values, May to October 2026, from publicly quoted premium ranges.
Whether your policy includes the property and a let granny flat is a guide value from advisory
practice and set out in your terms; we obtain the exact quote.
Worked example
Neighbour falls on the loose garden steps
The step has wobbled for weeks; the owner planned to fix it in spring. The neighbour breaks her arm.
Breach of duty
yes, the hazard was known
Claims
treatment, lost earnings, pain and suffering
Health insurer's recourse
the insurer recovers its costs from the owner
Responsible policy
personal liability of the owner occupier
The liability insurer checks, pays justified claims and rejects excessive ones. Had the neighbour ignored a barrier, her contributory fault would reduce the amount.
You are only liable for a breach of duty
Under section 823 of the German Civil Code (BGB), anyone who intentionally or negligently injures another person's body or health must pay damages. On your own land that means removing or securing hazards you know or should know about. Lawyers call this the duty to maintain safety (Verkehrssicherungspflicht).
A wobbly step, an open cellar shaft, an ungritted path in winter or a rotten branch above the garden path are typical cases. If a guest simply trips over their own feet or slips on dry, level paving, you have breached no duty and there is no claim.
When part of the building comes loose
A stricter rule applies to buildings. If someone is hurt by a falling roof tile, a collapsing wall or a loose part of the building, the possessor of the land is liable under section 836 BGB if it resulted from faulty construction or poor maintenance. Here the possessor must prove that due care was taken.
Regular checks of roof, facade and outside stairs therefore protect you twice: from the accident and from a dispute over the burden of proof. After a sale, the former owner remains liable for such damage for one year if due care was not taken.
Guests, tradespeople, couriers: who is protected
The duty applies to everyone who lawfully enters your property: guests, neighbours, couriers, tradespeople. What you must do depends on what you have to expect. If children often visit, an unsecured pond or open shaft is more serious than with adult guests.
If the injured person was careless, contributory fault under section 254 BGB reduces the claim. Someone crossing a garden building site at night without light receives less than someone using the normal path to the door.
Situation
Are you liable?
Who pays
Guest falls over a loose step you knew about
yes
personal liability, for let property the owner's liability policy
Roof tile hits a passer-by in a storm, roof was in poor repair
yes, you must prove due care
as above
Guest slips on a dry, level path
no
the guest and their health insurer
Your own child is hurt in your garden
not a liability matter
health insurance, private accident insurance
Tenant hurt in the stairwell of your let building
yes, if you breached a duty
property owner's liability insurance
Which insurance pays
The German insurers' model terms for personal liability insurance (Privathaftpflicht) include liability as occupier of an owner occupied flat, a detached house and a holiday home in Germany, with garden and garage. Duties such as maintenance, lighting, cleaning and gritting are expressly covered.
If you let a house or own undeveloped land, you need property owner's liability insurance (Haus- und Grundbesitzerhaftpflicht). In owner associations, the community usually covers the stairwell and outdoor areas. The insurer checks each claim, rejects unjustified ones and pays justified ones, including pain and suffering damages.
What your liability insurance does not cover
If someone who lives in your household is injured, your liability insurance does not pay. The model terms exclude claims of relatives living with you. Health insurance or accident insurance covers injuries within the household.
Intentional harm is never covered. Damage to a guest's car on your drive is also only your problem if you breached a duty.
When you need no extra policy
If you live in your own house or flat and let nothing, a good personal liability policy is enough. A separate owner's policy would be paid twice. Just check that your policy names the property and that the cover is at least EUR 10 million.
Step by step
Walk your property once a year: steps, railings, shafts, trees, roof.
Secure known hazards at once, with a barrier or light, until fixed.
Check that your policy names the owner occupied house, garden and any let granny flat.
After an accident admit nothing and report the claim to your insurer immediately.
Take photos and note witnesses.
Checklist
Personal liability includes the owner occupied property
Cover of at least EUR 10 million
Let parts or undeveloped land insured separately
Clearing and gritting duty clarified
Trees and roof checked regularly
Common mistakes
Admitting fault after the accident before the insurer has checked
Leaving a known hazard until spring
Insuring a let house only through personal liability
Assuming every fall on your land leads to damages
Questions and answers
Frequently asked
Am I liable if a child enters my garden uninvited and is hurt?
It depends on whether you had to expect visitors and whether the danger was obvious to a child.
Secure a pond or pool so that children cannot fall in.
Am I still liable after selling my house?
For falling building parts, for one year after the change of possession if you did not take due
care during your time.
The model terms cover this if the policy ran until the change.
What applies to a flat in an owner association?
You are liable for your flat, the community for stairwell, yard and roof.
It usually has its own property owner's liability policy.
What do I do if the injured person writes to me directly?
Forward the letter to your liability insurer and admit nothing yourself.
Under the model terms, an admission without the insurer's consent only binds it as far as the
claim existed anyway.
Does this apply to tenants?
Tenants are liable for their flat and for duties transferred to them in the lease,
such as gritting.
Their own personal liability insurance covers this.
