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Premises Liability

Thinking that you’re not going to be able to seek financial compensation for injuries that happened on someone else’s property just because you were technically trespassing?

While this can make your case more complicated, there are ways you can still collect compensation. Homeowners still have an obligation to provide a safe environment. They may have to pay if:

  1. The homeowner knows that trespassers frequently come on the property, or the homeowner should know that this occurs.
  2. The owner maintained or created the condition that led to the injuries.
  3. It was clear that the condition itself raised the risks of death or serious injury.
  4. The homeowner knew or should have known that the condition was hidden from the trespassers or at least hard to discover.
  5. The owner did not warn people about the risk or the condition itself, leading to the injuries.

Essentially, the homeowner cannot intentionally cause someone to be hurt.

For instance, perhaps a homeowner has an old barn on his or her property. Teens keep sneaking into the barn at night to hang out. The homeowner gets sick of it, but instead of calling the police to report the activity, he or she sets up booby traps in the barn. The teens come in, illegally, and are injured. Though they did break the law, that doesn’t warrant potentially deadly injuries, so the homeowner can be responsible.

If you were hurt on someone else’s property, you may be able to seek financial compensation for your medical bills, lost wages and more. Be sure you know your rights, even if you technically were not supposed to be on that property.

Source: FindLaw, “Homeowner Liability for Trespasser Injuries,” accessed Nov. 17, 2017

Author Photo

Michael Zimmerman

Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.

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