What Happens If A Delivery Driver Falls On Your Property?
By Doug Standriff on October 15, 2025
If you’ve ever found yourself wondering what would happen if a delivery driver fell while on your property, you’re not alone. With more people ordering online than ever before, it’s become increasingly common for delivery drivers to be on private properties throughout the day.
Whether they’re dropping off a package or delivering a hot meal, these workers are still vulnerable to hazards on walkways, porches, and stairs. So what happens if one of them slips, trips, or falls while making a delivery to your home or business?
The legal answer can be more complex than many people expect. In New Jersey, property owners have a duty to keep their premises reasonably safe for people who lawfully occupy it. That includes delivery personnel. However, determining liability isn’t always straightforward. It depends on the cause of the fall, the condition of the property, and what the owner knew or should have known about the hazard.
Understanding Premises Liability and Duty of Care
New Jersey law categorizes people on a property as either trespassers, licensees, or invitees. Delivery drivers typically fall into the category of invitees, which means they are legally on your property for a purpose that benefits you, such as delivering packages or food. For invitees, property owners owe the highest duty of care. That means you must take reasonable steps to ensure your property is free of hazards that could cause harm.
This doesn’t mean you’re automatically at fault if a delivery driver slips and falls, but you do have a responsibility to address known dangers and regularly inspect your property for unsafe conditions. Common hazards that can lead to slip and fall accidents include icy steps, loose floor mats, cracked sidewalks, inadequate lighting, or unexpected obstructions such as tools, hoses, or debris.
If a delivery driver gets hurt due to a condition that you knew about (or should have known about), you could be held legally responsible for their injuries, including medical bills, lost income, and pain and suffering.
When the Property Owner May Be Liable
To hold a property owner liable for a delivery driver’s injuries, the injured party typically has to prove that there was a dangerous condition on the property, that the owner knew or should have known about it, and that the condition directly caused the injury. For example, if you knew that your front steps were uneven or crumbling and failed to take steps to fix or warn about them, that could be considered negligence if someone fell and got hurt.
In contrast, if the hazard appeared suddenly and you had no reasonable opportunity to fix it, you might not be liable. For example, if ice formed just an hour before the fall and you hadn’t had a chance to salt your walkway yet, that might work in your favor. Every case depends heavily on the facts, which is why documentation and evidence, such as photos or surveillance footage, can play a crucial role in determining what happened and who is at fault.
When the Delivery Driver’s Employer May Be Responsible
Not all liability falls on the homeowner. Sometimes, the employer of the delivery driver may carry some or all of the responsibility. Delivery companies often provide workers’ compensation insurance for their drivers. This coverage can pay for medical expenses and lost wages regardless of who was at fault.
However, workers’ compensation does not cover pain and suffering. If the driver believes the property owner was negligent, they may still choose to file a personal injury lawsuit in addition to filing a workers’ compensation claim.
In some situations, if the driver was distracted, rushing, or not paying attention to where they were going, their own negligence could reduce or eliminate your liability. New Jersey follows a modified comparative negligence rule, meaning that if the injured party is more than 50 percent at fault for their own injuries, they cannot recover damages from the property owner. If they are less than 50 percent at fault, their recovery may be reduced by the percentage of fault assigned to them.
What to Do If a Delivery Driver Falls on Your Property
If a delivery driver is injured on your property, your top priority should always be to ensure they receive the necessary medical attention. Once they are safe and help is on the way, it’s important to document the scene. Take clear photos of the area where the fall occurred, including any conditions that may have contributed to the accident. If there are witnesses, such as neighbors, family members, or others present, obtain their contact information and a brief account of what they saw.
You should also report the incident to your homeowners’ insurance provider as soon as possible. Most policies offer liability coverage for accidents that happen on your property. Be honest and provide all the details, but avoid making any assumptions about fault or responsibility when speaking with the insurance adjuster.
It’s a good idea to keep records of any maintenance or repairs made to your property, especially if they relate to the area where the fall occurred. If the matter results in a claim or lawsuit, these details can support your defense or demonstrate your reasonable efforts to keep your property safe.
Understanding the Legal Process in a Slip and Fall Case
Slip and fall claims are part of an area of law known as premises liability. When a delivery driver files a claim or lawsuit, the burden is on them to prove that the property owner was negligent. This often involves showing that the hazard was known or reasonably foreseeable, and that the injury was a direct result of the unsafe condition.
These cases can become complicated, particularly if the fall occurred in an area not commonly used or if there is a question about whether the driver should have seen and avoided the hazard. Sometimes, multiple parties may share liability, including property management companies, snow removal contractors, or even the delivery company itself.
Because these cases hinge heavily on the facts, timelines, and available evidence, it’s essential to consult a legal professional who understands the intricacies of New Jersey premises liability law.
Let Bergen Law Help You Understand Your Rights and Risks
At Bergen Law, we’ve spent more than 30 years helping people across New Jersey navigate the complexities of injury claims. Whether you’re a homeowner facing a potential lawsuit or a delivery driver who’s been injured on someone else’s property, we understand how to evaluate the facts and build a strong legal strategy.
Slip and fall claims involving delivery drivers can be stressful, especially when they happen right outside your own front door. Our team takes the time to understand what happened and helps determine whether negligence played a role in the incident. If you’re facing a claim or unsure of your liability, you don’t have to guess your way through it.
As Bergen County slip and fall lawyers, we are here to provide clarity, support, and trusted legal experience when you need it most.