September 2014 - Burch Law Firm

Texas homeowners often buy land for their own use and enjoyment. Purchasing a home is often a big step in a person’s life and can be a prudent investment. However, few people think about the responsibility that comes along with homeownership. Texas residents should understand that they can be held responsible if someone else is hurt on their property.Texas property owners may understand that they need to keep their property safe for visitors. If the property is dangerous and a visitor gets hurt, the property owner can be held liable for the visitor’s injuries. When homeowners are not careful, people can get hurt on their property. A slip-and-fall accident, inadequate lighting or other dangerous property condition can easily lead to serious injuries for others. If someone is hurt as a result of an accident at someone else’s home, then that person may be entitled to compensation.Whether the homeowner is financially responsible for another’s injury depends on the legal classification given to that person. Under premises liability laws, whether a person is a trespasser, licensee or an invitee will make a difference when it comes to a homeowner’s liability.An invitee is a person that has been invited to the property — this includes customers who have come to a store. An invitee has been expressly induced to enter the property. A homeowner has to exercise an ordinary duty of care to keep invitees safe while they are on their property.A licensee is a person that is allowed to be on the premises. This permission can be expressly given or implied. Homeowners are then responsible for not willfully or wantonly injuring a licensee.Who is a Trespasser?A trespasser is a person that has no permission — either expressed or implied — to be on the homeowner’s property. A homeowner will only owe a duty of care — and therefore be liable for injuries — once the homeowner is made aware of the trespasser’s presence. Furthermore, the homeowner cannot purposefully set traps that could hurt a trespasser.Unlike the other categories of visitors, trespassers have no authority from the property owner to be on the property. Generally, trespassers have intended to enter the property without the owner’s permission to do so.A person has the knowledge required to be a trespasser under a variety of circumstances including if the property owner has placed signs on the property, if the property owner has fenced the land or if the property owner has specifically told the person not to enter the land. Under certain circumstances, however, consent to be on the land can be implied.If a person is a trespasser, then they have no rights when entering the land. However, if a property owner knows that trespassers are likely on the person’s property, then the property owner may have some duties. Mainly, this duty will include the duty to give reasonable warning about potential dangers.This blog post cannot give specific legal advice, however, it is important for someone who has been injured on the property of another to determine the type of visitor they were. Even in the person was a trespasser, the person could have legal rights.Source: Findlaw.com, “Homeowner Liability: Invitees, Licensees, and Trespassers,” accessed Sept. 21, 2014.

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Month: September 2014

Homeowners and Premises Liability Law