All owners are legally responsible for making their properties safe for visitors, especially if it is an establishment where people enter to conduct business. If a guest comes in, the owner can be liable if ever they sustain an injury caused by unsafe conditions, such as uneven walkways or spilled substances left carelessly. What happens if the person injured is a trespasser?
In Texas, there are laws addressing these scenarios, especially for extensive agricultural lands that can be accessible to outsiders who are hiking or performing other recreational activities. These properties can be too massive to remove all unsafe conditions that may occur naturally because of wildlife and other uncontrollable occurrences. In these instances, designating liability for a trespasser’s injury can be more complex than expected.
Determining liability based on negligence
A property owner is usually not liable if a trespasser sustains an injury within the premises. This rule typically applies to outsiders who venture into a property knowing how risky the area is.
However, the owner can be liable if they committed any negligent actions contributing to the injury, depending on the circumstances. The standards qualifying an act as gross negligence can vary from case to case, factoring in local policies and other relevant details of the incident.
Protecting against liability for trespasser injuries
If you own property that is likely accessible to outsiders, you can protect yourself from liability by addressing unsafe conditions in the area. You can usually do this by putting up fences and warning signs. Still, there is no guarantee that these preventative measures will remove liability.
When a trespasser files a claim against you because of their injury, it can be beneficial to seek legal counsel immediately. Doing so can help you learn about the most appropriate legal options based on your situation.