For example, homeowners in Texas may be liable for injuries on their property. However, whether you are responsible if someone gets hurt while working on your property through a premises liability claim depends on several factors.
What Are Your Responsibilities as a Homeowner in Texas?
Homeowners in Texas have a duty to maintain their property to prevent lawful visitors from being injured. The duty to maintain safe premises extends to people controlling the property, such as tenants or a property management company.
Your legal duty depends on the legal status of the person on your property. There are three legal statuses for visitors on your property:
- Licensee – Guests you invite to your home are considered licensees. People you permit to come onto your property, such as a salesperson or friend. You have a duty to warn licensees about any known hazards or dangerous conditions on the property.
- Invitee – An invitee is someone you invite onto your property to benefit you. For example, customers or clients at a business are invitees. You have a higher duty to invitees. You must warn them of dangers and fix dangerous conditions you knew about or reasonably should have known about.
- Trespasser – The duty to a trespasser is not as high as the duty owed to other people on your property. A trespasser does not have your permission to be on your property and does not have a lawful reason for being on your property. Your duty is not to harm a trespasser through gross negligence or willful acts.
If someone is injured on your property, you could be liable for the damage they sustain. Damages include physical injuries, economic damages, and non-economic damages. Examples of damages in a premises liability case include:
- The cost of medical treatments and care
- Loss of income and benefits
- Physical pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Out-of-pocket expenses
- Diminished quality of life
- Reduced earning capacity
- Emotional distress and mental anguish
- Impairments and disabilities
- Rehabilitative care, including physical and occupational therapies
Your homeowner’s insurance may cover the damages, but only up to the policy limits. Some policies may exclude specific types of injuries or situations. Reading your insurance policy to determine your coverage for a contractor’s injuries can ensure you take the correct steps to protect insurance coverage if needed.
Are You Responsible for Injuries Contractors and Workers Sustain While on Your Property?
Homeowners, property owners, tenants, and management companies may hire contractors to work on their property. Examples include someone performing lawn maintenance, installing a new roof, or remodeling your kitchen. Texas law specifically addresses a homeowner’s liability for injuries sustained by independent contractors working on their property.
Property owners are not responsible for a contractor’s injuries on their property unless the following criteria are met:
- The property owner knew about the dangerous condition or hazard; and,
- The property owner is in charge of the work being performed on the property beyond telling the contractor when to start and stop the work and inspecting the work performed.
Being in control of the work usually means the property owner performs tasks that the contractor would typically perform. For example, if a homeowner tells workers how to install cabinets or how to cut flooring. In other words, the property owner directs the work instead of allowing the contractor to do so.
What Should I Do if a Worker Is Injured on My Property?
If you are there when the person is injured, call 911 for emergency medical services if necessary. Document the accident scene by taking photographs and making a video.
Determine whether you need to notify your insurance company of the accident immediately. Even though neither you nor the company may be liable for damages, your insurance policy may require you to notify your insurance company of potential claims.
You may also want to contact a premises liability lawyer for a free consultation. An attorney will explain your legal rights after reviewing what happened.
Prompt legal advice can help you determine if you are liable for the worker’s damages to protect yourself and your assets from unfounded negligence and liability claims.