If you get injured on someone else’s property, you may have a claim for damages against the property owner, occupier or another person in control of the location.
Texas premises liability law specifies that those in control of the property have different duties depending on the type of user.
Trespassers
A trespasser is someone who enters a property without permission. If you trespass on another’s property, the owner/possessor does not have a responsibility to you to keep the property free from hazards. The property owner cannot engage in any intentional act to hurt a trespasser.
Invitees
An invitee is someone who comes to the premises with the approval of the owner or possessor to conduct business that benefits both parties, such as a store customer. The property owner must ensure the property is free from known hazards through regular inspection and maintenance. If the owner has not fixed a dangerous condition, they must warn property users of the problem.
Licensee
A licensee is a contractor or other person who enters a property to complete a task for their own business. The possessor of the property still owes a duty to licensees, but it is not as strict a standard as for invitees. The duty is to make any repairs to hazards and warn of dangerous conditions. There is no additional duty to inspect.
Your potential recovery in a premises liability action depends on why you are on the property. You want to take care if you see a hazard to avoid an injury despite having a possible lawsuit.