Ayuda En Español
Free Consultation
972-332-5841
Your case is our cause
Free Consultation
972-332-5841
Menu Contact

Premise Liability and Trespassing: An FAQ

The most basic definition for the legal concept of premise liability (also called premises liability) is that it's when a property owner is liable for unsafe conditions on their property that cause injury to someone else. It is generally used in personal injury cases. A complication that can come up in a premise liability case is when it's unclear whether the injured party was actually in the wrong by illegally being on the property where they were injured. Here are some frequently asked questions to clear up any confusion about premise liability and trespassing.

How do I know I am trespassing?
The general definition of trespassing is being on someone's privately owned property without permission, no matter your intentions. Technically speaking, property owners must have visible "No Trespassing" notices around their property to be fully protected by the law. If you see a "No Trespassing" sign in an area you have no formal business in, as a general rule do not enter if you want to avoid being accused of trespassing.

Can you still be trespassing on public property?
Sometimes, yes. Public property such as government buildings can still be trespassed upon. (Don't try to jump the fence around the White House lawn, for example.) Public spaces such as parks and cemeteries often close at a certain time, after which you are considered to be trespassing. Take note of posted open hours for public spaces.

What are the rights of the property owner if I am trespassing?
"Your home is your castle" has been a hotly debated concept when it comes to self-defense and trespassing. Generally the property owner must simply ask you to leave if you seem to have come on to their property with no ill intentions. In certain states, 'castle' laws are in effect where property owners can be excused for using force against a threatening intruder, but there are many cases where property owners have gotten in hot water for using 'unreasonable force' in scaring off or harming trespassers.

If I am hurt on someone's property while trespassing (intentionally or unintentionally) can I still successfully sue the property owner?
Although somewhat rare, cases where an injured trespasser won a lawsuit against the property owner have occurred. It depends on the intentions of the trespasser and the property owner, on a case by case basis. Generally, a successful personal injury claim will not come from a burglar breaking her arm on the victim house's freshly mopped slippery floors. But if a trap is intentionally set in anticipation of trespassers by a property owner, a property owner violently harms a trespasser, OR a property owner shows gross negligence by not posting a warning of a known hazard on their property, premise liability can often go into effect.

Getting the answers and results you need about a possible personal injury case is simpler than you may think. In fact, between 95 and 96% of personal injury cases are settled pretrial. If you have the right law team, figuring out your best options after an injury is a breeze. Put Parks Law Firm in your corner.

No Comments

Leave a comment
Comment Information

Client Testimonials

  • Great Lawyer For A Reasonable Price

    Mr. Hulett was a very competent and effective lawyer for me in my custody case. Not only did we get the desired result but he did it for less than half of what my ex paid to her attorney on the same matter.

    – Anonymous

  • Great Lawyer For A Reasonable Price

    Mr. Hulett was a very competent and effective lawyer for me in my custody case. Not only did we get the desired result but he did it for less than half of what my ex paid to her attorney on the same matter.

    – Anonymous

  • Great Lawyer For A Reasonable Price

    Mr. Hulett was a very competent and effective lawyer for me in my custody case. Not only did we get the desired result but he did it for less than half of what my ex paid to her attorney on the same matter.

    – Anonymous

See More Testimonials

Request A Free Consultation

Don't talk to an insurance company without first talking to an experienced, knowledgeable personal injury attorney. Contact us online or call 972-332-5841 today to find out the best way to approach your motor vehicle, personal injury or wrongful death case. We work on a contingency fee basis, which means we only get paid if you collect on your personal injury claim-and we don't charge you to assist with the property damage portion of your claim. From our office in Grapevine, we help people throughout the Dallas-Fort Worth Metroplex and the entire state of Texas. Hablamos Español.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

email us for a response

Parks Law Firm, P.C.
4851 Merlot Avenue
Suite 550
Grapevine, TX 76051

Phone: 972-332-5841
Fax: 817-527-7077
Grapevine Law Office Map

Free Consultation