Can a Trespasser Sue for an Injury in Texas?

Trespassing is wrong, and in most cases, it is illegal. Because of this logic, you may not think it possible for an individual who was trespassing to sue a property owner for an injury they sustained while in the act of trespassing. However, in certain rare cases, trespassers do have a right to sue after being wrongfully injured. Please continue reading and speak with our Houston personal injury attorneys to learn more. Here are some of the questions you may have:

Do trespassers have a right to file a premises liability claim if they were injured while trespassing?

In most cases, trespassers who’ve been injured in the act of trespassing will not have a valid claim against the landowner in question. However, there are times where a trespasser who’s been injured while trespassing may actually have a valid personal injury claim. In particular, if a trespasser can prove that he or she was injured either due to gross negligence or due to an intentional act on the part of the property owner, there is a very good chance that the trespasser may have a valid premises liability claim. To prove you were injured as a result of gross negligence, you must demonstrate that the property owner knew the individual was trespassing, knew there was a high risk of injury on the property, and simply didn’t care to inform the individual of the high risk of injury, and the trespasser was seriously injured as a result. This is not always easy to prove, which is why you will have to retain the services of a knowledgeable Texas personal injury attorney who can provide you with the assistance you need. On the other hand, intentional injuries are more straightforward. For example, if you can prove that a property owner harmed you on purpose even though you posed no threat towards the property owner, you may have a claim.

How long will an accident victim have to take legal action in Texas?

The statute of limitations for premises liability claims in Texas is two years, leaving you two years from the date of your accident to pursue compensation against the liable party. Do not wait longer than two years, for doing so will most likely permanently bar you from suing.


We understand how challenging various legal matters can be, which is why we have dedicated ourselves to helping clients in Texas through a wide array of legal matters, including personal injury law and criminal defense. If you have sustained a serious injury or are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.