Hurt on a Friend Or Neighbor’s Property: Should I Sue?
Accidents happen, and sometimes they occur on someone else's property. Whether you're visiting a friend, neighbor, or even a stranger, you could be hurt while on their land or inside their building. As a premises liability attorney with offices in Webster, Texas, and Houston, Texas, I’m happy to help you handle this situation.
If this happens, you might wonder if you have the right to seek compensation for your injuries. Premises liability law plays a significant role in determining whether a property owner can be held accountable when someone is hurt on their property.
Understanding this legal area can assist you with making a decision, and I can help if you contact my firm: Jose Orihuela, Attorney at Law.
What Is Premises Liability?
Premises liability refers to the legal responsibility a property owner has for injuries that occur on their property due to unsafe conditions. In Texas, the property owner is required to maintain their premises in a safe condition for visitors. This includes making repairs, warning visitors of potential dangers, and preventing hazardous situations from occurring.
If a person is hurt because of a dangerous condition on the property—whether it's a slip on an icy sidewalk, tripping over an uneven surface, or being injured by a poorly maintained structure—premises liability may come into play. The property owner may be held responsible if they were negligent in maintaining the property or failed to warn visitors about a risk.
Types of Visitors and Their Rights
The first thing to understand is the type of visitor you were when you were hurt. Your rights and the property owner’s responsibilities vary depending on which category you fall into. Texas law distinguishes between three main categories of people who visit someone else's property: invitees, licensees, and trespassers.
Invitees: These are people who enter a property for business purposes. This includes customers in a store or contractors hired to do work. Property owners owe the highest duty of care to invitees, meaning they must keep the property reasonably safe and warn visitors about dangers they know about or should know about.
Licensees: Licensees are people who enter the property for social reasons, such as guests at a friend’s or neighbor’s home. In Texas, property owners owe licensees a duty to avoid intentionally harming them and to warn them of known dangers that aren’t obvious.
Trespassers: Trespassers are individuals who enter a property without permission. Property owners generally don’t owe trespassers the same duty of care they owe to invitees or licensees. However, owners still can’t intentionally harm trespassers or set traps that might cause injury.
If you were visiting a friend or neighbor’s home, you’re likely a licensee, which means the property owner must warn you about potential dangers, but they don't necessarily have to actively inspect the property to make sure it's safe. However, if the property owner knew about a danger and didn’t fix it or warn you, they might be held liable for your injuries.
Determining Negligence in Premises Liability Cases
To succeed in a premises liability case, it’s not enough to show that you were injured on someone else’s property. You also need to prove that the property owner was negligent in some way. Negligence occurs when a property owner fails to take reasonable steps to prevent harm to visitors. In Texas, to prove negligence in a premises liability case, you must show:
The property owner knew about the dangerous condition or should have known about it through reasonable inspection.
The property owner failed to fix the danger or warn visitors about it.
The dangerous condition directly caused your injury.
For instance, if you tripped over a loose step at your neighbor's house and the neighbor had known about the broken step for weeks but hadn’t repaired it or warned you, there might be grounds for a premises liability lawsuit. In such cases, it can be helpful to gather evidence that the property owner was aware of the hazard and failed to act.
Key Factors That Impact a Premises Liability Case
Several factors will influence whether you should pursue a lawsuit for an injury on a friend or neighbor’s property. These factors help determine if the property owner was negligent and if you can recover damages.
The Nature of the Hazard
The type of hazard that caused your injury is critical. If the hazard was obvious—like a large puddle of water in a place where people frequently walk—it may be more challenging to prove the property owner was negligent. The defense could argue that a reasonable person would have noticed and avoided the hazard.
On the other hand, hidden hazards, like a loose electrical wire or a broken handrail, may strengthen your case if the owner had knowledge of the danger and failed to act.
The Property Owner’s Knowledge of the Danger
If the property owner knew about the dangerous condition, it increases the chances of success in a lawsuit. However, the owner’s knowledge could be implied.
For example, if the property owner had plenty of time to fix the hazard but didn’t, they could be held responsible. If the dangerous condition had existed for a long time, it might be assumed that the property owner should have known about it.
The Extent of the Injury
The severity of your injury is another factor. Minor injuries, such as small cuts or bruises, may not justify the time and cost of a lawsuit. However, if you sustained significant injuries, such as broken bones or a concussion, seeking compensation might be worth considering.
Who’s Responsible for the Injury
Sometimes the person who caused your injury on someone else’s property wasn’t the owner at all.
For example, if you were injured by a dog owned by your neighbor but the neighbor wasn’t home, you might need to hold the person responsible for the dog (such as a house-sitter or the person who let the dog out). Identifying the correct party responsible for your injuries can be a key part of your decision.
The Amount of Time Since the Injury
Texas law has a statute of limitations, which is the time frame you have to file a lawsuit. In most cases, you have two years from the date of your injury to file a claim, according to Texas Legal Services Center. If you wait too long, you could lose your right to sue altogether.
What to Do After an Injury on Someone Else’s Property
If you’ve been hurt while visiting a friend or neighbor’s property, there are four steps you can take immediately to protect your rights:
Seek Medical Attention: Regardless of the severity of your injury, it’s important to see a doctor as soon as possible. Medical records can serve as key evidence if you decide to pursue a lawsuit.
Document the Injury: Take photos of the area where the injury occurred, as well as any visible injuries you sustained. If possible, get the contact information of any witnesses.
Notify the Property Owner: It’s a good idea to inform the property owner about the injury as soon as possible. This creates a record of the event and shows that they were aware of the incident.
Consult an Attorney: Before deciding whether to sue, it’s essential to consult a lawyer who has experience with premises liability cases. They can help you understand whether you have a valid claim and how to proceed.
Should You Sue?
If you’ve been injured on someone else’s property, especially a friend’s or neighbor’s property, deciding whether to sue can be difficult. Many people hesitate to take legal action against someone they know, fearing it could damage their relationship.
However, the decision to sue should primarily be based on your injury and whether you believe the property owner was negligent in maintaining their premises. Some people may not feel comfortable suing a friend or neighbor and might prefer to settle the matter privately.
This could involve negotiating a settlement for medical expenses and any other damages you’ve suffered. However, if the injury is significant or the property owner isn’t willing to take responsibility, filing a lawsuit may be the best way to secure compensation for medical bills, lost wages, and pain and suffering.
Enlist Legal Support Today
Ultimately, the decision to sue should be made based on the facts of the case, not just the relationship you have with the property owner. I can help you figure out what’s best for you. I serve clients in Webster, South Houston, Clear Lake, Friendswood, League City, Alvin, Houston, Dickinson, Bacliff, Kemah, Seabrook, and Santa Fe.
Call Jose Orihuela, Attorney at Law today to schedule a consultation.