While guests of property owners in Texas such as friends, family members, neighbors, co-workers, salespeople, and service personnel are entitled to a duty of care and reasonable safety, trespassers are not. If the owner or operator of the property had actual or constructive notice of the condition and the condition was concealed so the plaintiff was not aware of the danger, the proprietor may be liable for the damages. There are some times that the landowner is required to have actual knowledge of the property condition for liability to exist, while other times constructive knowledge, or “should have known” is all that is required. Property owners are exempt from duty of care responsibilities when individuals unlawfully enter their properties, even if they are simply “passing through” and do not intend to steal, vandalize, or engage in other illegal activities. Those who enter private grounds without permission generally forfeit their premise liability rights because the owner had no prior knowledge of their arrival.
The only duty a landowner owes to a trespasser is not to actively harm him or her either intentionally or with spring traps or other devices.
Trespasser laws do not apply to children who are under the legal protection of “attractive nuisance.” A property owner who has a pool and knows children live in the neighborhood may be legally obligated to install fencing with a gate that locks around the outdoor feature. Further, in Anna, building code requirements require fencing, gates and locks. Violating these building codes can lead to liability if a child is harmed as a result. An Anna premises liability attorney could help the parent of a child injured on someone else’s property to seek fair compensation.