Who is Liable for a Trespassing Injury in Texas?

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Personal injury lawsuits involving trespassers can be complicated. You may assume that if someone is injured while trespassing on your property, you cannot be held responsible. Surprisingly, this is not the case. In some cases, a trespasser can hold you responsible for injuries he or she incurs while trespassing on your property. Read on to learn more.

The General Rules

Generally, a property owner is not responsible for any injuries that occur on his or her property. But, there are some exceptions to this.

Exceptions to the Rule

A property owner may be responsible for a trespasser’s injury in the following cases:

  • Discovered trespassers: Generally, a property owner does not expect trespassers on his or her property. For this reason, he will likely not be held responsible. But, if a property owner becomes aware of frequent trespassers, this rule no longer applies. For example, if his backyard is a popular shortcut for the locals, he will have to take measures to make sure these people do not get hurt. This may include putting up signs to warn trespassers of any hazards.
  • Willful and wanton conduct: Some people partake in activities that could injure a trespasser. For example, if you were to practice shooting a gun in your yard, and you injure a trespasser, you can be held responsible because you wilfully engaged in conduct that could injure someone. You should avoid these activities. Additionally, you should understand the use of deadly force in your state. There is a big difference between defending yourself from a home intruder and injuring someone who is simply passing through your yard.
  • Dangerous dogs: Some pets are very dangerous. Big dogs can injure humans and other pets. If you have a dog that you know could cause harm to a trespasser, you will have to put up a sign letting trespassers know about this potential danger.

If someone has been injured on your property, you will want to contact a skilled personal injury attorney. Contact our firm today to discuss your case. Additionally, if you have been injured on someone’s property, we can help determine who is liable for the injury.

Contact our experienced Smith County, Texas firm

There are few things more jarring and disturbing than being wrongly injured in an accident. Our firm understands how difficult it can be to recuperate after a serious accident, which is why we are here to help you through the legal process, every step of the way. If you or a loved one were injured in an accident due to another party’s negligence, you need a skilled attorney on your side. Contact J. Chad Parker, PLLC today for an attorney who is ready to fight for the compensation you deserve.