Legal Question in Personal Injury in Texas

Under Texas law, you owe a duty to a trespasser. However, it sounds to me as if you fulfilled your duty by covering it up and "marking" it (it would be nice if you had photos of this setup).

Did the neighbor ever tell you what she was doing on your property while you were away?

In a premises liability case, the duty owed to a person on the premises depends on the legal status of the injured party. In Texas, a person on the premises of another is classified as either a(n): invitee, licensee, or trespasser. A trespasser is a person who enters the premises without the lawful right or the consent of the owner, merely for the trespasser�s own purpose or out of curiosity. The only duty owed in Texas is not to injure the trespasser willfully, wantonly or with gross negligence.

If a property owner discovers a trespasser on the property, he or she has a duty to use ordinary care to warn the trespasser or, to make safe, artificial conditions that the property owner knows involve a risk of death or serious bodily injury that the trespasser is not likely to discover. Also, if an owner knows, or should know, that there are frequent trespassers on his or her property, he or she will be liable for their injuries caused by an unsafe condition on the property if: (1) the condition is one the owner created or maintained; (2) the condition was likely to cause death or serious bodily harm; (3) the condition was such that the owner had reason to believe trespassers would not discover it; and, (4) the owner failed to exercise reasonable care to warn trespassers of the condition and the risk presented.

You stated that �[t]he hole is approximately 18" in diameter, 3' deep and serves as a sewer clean-out access. it was covered with a plastic bin lid and two flat concrete blocks.� Based on your description of the artificial condition, it is hard to imagine how your neighbor fell and injured herself.

Since you received a demand letter, I suggest that you contact an attorney or forward the letter to your homeowner�s insurance carrier for further handling.