Although slip and fall accidents are common cases, the scenario is different if the incident occurs on a vacant or abandoned property. While most slip-and-fall cases occur in places like stores or workplaces, accidents at abandoned properties have unique challenges. These properties are often poorly maintained, creating serious hazards for anyone who may enter.
When someone slips or falls on an abandoned property, the situation differs from more traditional cases. These properties may lack the same legal protections as businesses or homes still in use. Property owners might not be held accountable in the same way, especially if the property is in a state of disrepair or has been deemed “uninhabitable.”
A different kind of hazard
In Texas, the legal landscape for injuries occurring on abandoned properties is complex and hinges significantly on the visitor’s legal status:
- Invitees: Individuals invited onto the property for business purposes, such as customers in a store. Property owners owe them the highest duty of care, like frequent inspections.
- Licensees: Includes social guests invited for personal reasons. Owners must warn them of known dangers, but are not required to inspect for hazards.
- Trespassers: These are persons who enter without permission. Texas law generally imposes the least duty of care, requiring owners to avoid intentional harm or gross negligence.
This classification determines the level of duty a property owner owes to the individual and, consequently, the potential for liability. Even if someone is trespassing on an abandoned property, there are circumstances where the property owner might still be held liable:
- Gross negligence: If the owner is aware of a hazardous condition and fails to address it, leading to injury.
- Attractive nuisance doctrine: If the property has features likely to attract children, such as abandoned swimming pools or machinery, the owner may be liable for injuries even if the child was trespassing.
Injuries on abandoned properties in Texas are subject to nuanced legal interpretations. Given the complex laws involved, consulting with a legal team to help navigate potential claims effectively is smart.
