根据德州法律, landowners owe different duties to different categories of persons on their property. 从责任的角度来看, so long as a landowner meets the required duty for the category of person on the property, he or she is not liable for the person’s injury.

Anyone who enters a landowner’s property without permission falls under the category of trespasser. 根据德州法律, 这一类人受到的保护最少, and the only duty a landowner owes to a trespasser is to avoid intentionally injuring that person or acting with “gross negligence.”

Think of intentional injury in this way: If someone comes on your property without permission and falls into a hole, 你不会有责任的. But if you knowingly push someone into the hole, you may have a problem.

Texas statute defines “gross negligence” as an act or omission that:

  • When viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and
  • 演员有实际的, 对所涉风险的主观意识, but nevertheless proceeds with conscious indifference to the rights, 安全, 或他人的福利.

换句话说, a defendant must know and not care about a property’s extremely high risk of serious injury. “Gross negligence” requires a high level of proof for a plaintiff to succeed on a claim against a landowner.

德克萨斯州的一个法律例子是 州v. Shumake那样的话, a young girl was tubing in a state park and drowned after she was sucked into a hidden man-made culvert. Her family was able to prove the state park was aware of the culvert, knew other persons had recently nearly drowned there, and did nothing to remedy the danger or provide warning. The Texas Supreme Court concluded this satisfied the heightened standard for liability.

As long as landowners don’t act with gross negligence or intentionally harm a trespasser on their land, 他们很可能不会被追究责任. However, not being liable and not getting sued are two separate things.

Although a landowner may be able to win a lawsuit filed by an injured trespasser, the legal costs to do so would likely be borne by the landowner. Because of this, it’s a good idea for landowners to carry a liability insurance policy. The necessary coverage depends on the level of risk involved with the property.

例如, a landowner with a ranch in the middle of nowhere might need less insurance coverage than a landowner who operates a popular pick-your-own pumpkin farm.

Landowners should speak with an insurance agent to determine the right level of coverage for their operation.