Can Trespassers Sue for Injuries?

If you’ve been hurt on someone else’s property, you are probably curious about your legal options. The type of legal action you are able to take depends largely on the circumstances surrounding your injury.

For example, trespassers may not be able to file a lawsuit against the property owner or recover payment for their injury-related costs. Persons who are injured while remaining unlawfully in or on another person’s property may not have any real legal options and may themselves be punished for criminal trespassing, which could result in a misdemeanor conviction and related penalties. (The story is different, however, for parents seeking retribution and compensation for children injured through attractive nuisances on others’ ill-guarded property.)

How Is Trespassing Defined in Texas?

Criminal trespassing is defined in Texas Penal Code § 30.05 as entering or remaining without consent in or on another person’s property, including:

  • Residential property
  • Agricultural land
  • Recreational vehicle parks
  • Buildings, homes, or other structures
  • Vehicles

Injured Parties Who May Be Able to File a Premises Liability Lawsuit

You may be able to file a lawsuit against the owner of the property where you were injured if you were an invitee or a licensee. You may have been an invitee at the time of your injury if you were given implied or expressed permission to enter the property, as landowners legally owe invitees a duty of reasonable care to ensure their property is safe and adequately maintained.

You may have been a licensee at the time of your injury if you had the property owner’s permission (again, implied or expressed) to enter the property but did so of your own volition and for your own purposes. Courts typically find that landowners have a more minimal duty to warn licensees of potentially risky conditions.

In either case, you may be able to take legal action against the property owner, especially if they failed to appropriately maintain their property or warn you of dangerous conditions despite knowing about existing issues.

Premises Liability Attorneys Serving Injured People in Dallas

At MR Civil Justice, we understand Texas injury laws. We are prepared to evaluate your case for free and help you figure out what you can do to recover compensation for your injuries and suffering. Connect with our Dallas premises liability lawyer as soon as possible following your injury in order to increase your chances of a positive outcome.

Call (214) 307-8387 today or send us a message to get started.