Personal injury Library

Can I File an Injury Claim Against a Homeowner in Texas?

Guests who suffer injuries at the home of another person can sue the owner. This is how it works in the State of Texas:

If you are negligently injured while at the home of another person, the homeowner may be liable for your damages. Texas has a very diverse housing market which could affect who is ultimately responsible for your injuries. It is important to thoroughly discuss this issue with one of our experienced premises liability attorneys to learn more about your potential personal injury claim.

Potential Inherent Dangers in Homes and on Homeowner's Property

Every home is filled with potential dangers. For example, homes have kitchens, and the majority of burn injuries occur in the kitchen. But it is important to realize that the kitchen is not the only hazardous area of a house. Furthermore, there are numerous dangerous inherent in every home, but this potential risk of harm increases dramatically when you are at a home which you are not familiar.

For example, if you are walking down the stairs at an unfamiliar house, and there is an uneven step at the top of the staircase, you could easily fall and be traumatically injured. Many homes in Texas are and may have uneven stair cases, due to a flaw in the original construction or to potential foundation issues.

But stairs are not the only inherent dangers on a property. The homeowner may have a pool in the backyard. Swimming pools can be incredibly dangerous and many people are killed every year while playing in them. Hundreds of children drown every year because they wandered onto a property without a fence securing the pool area.

Every homeowner who has a pool is required to have a fence in which to keep trespassers safe, like small children. If your child has been injured by a pool on another homeowner's property because they did not have a fence preventing trespassers, or because they negligently failed to secure the fence, then they may be liable for your child's injuries.

Does it Matter if I was Trespassing?

Absolutely. Although, just because you or your child were considered to be trespassing, this does not mean that you are not entitled to compensation for your injuries. It simply determines the level of care the homeowner must provide to ensure your safety.

If you are a trespasser, the homeowner must merely provide reasonable care. They do not have to correct any known dangers and they do not have to actively search for and discover dangerous conditions on the property. However, if the homeowner has reason to expect that you or other people might trespass on their property and be injured, they must give you adequate warning about any known dangers.

If the homeowner has violated these basic safety requirements, the attorneys at Grossman Law Offices may be able to help you file a lawsuit against the homeowner for your personal injury damages.

If you have been invited to your friend's house for a party, or if you go on to your neighbor's property to retrieve something, you are considered a licensee. In this scenario, if the homeowner knows of the dangerous condition, and knows that you are likely to encounter this hazard and not realize the risk of harm, then the homeowner is required to reduce the potential for harm, or at least warn you about the potential danger.

Obviously, your status as a trespasser or licensee is very important to your claim against a homeowner and should be discussed in detail with one of our attorneys. Even though you have the status of licensee when you first enter the property of the homeowner, it is possible for this classification to change. If you believe that a homeowner has violated their duty of care causing you injury, call Grossman Law Offices at (855) 326-0000.

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