Legal Question in Personal Injury in Texas

My next-door neighbor has installed a nice new professional basketball goal on his driveway. The goal is installed on the very edge of his driveway which places it about 2 feet away from the retaining wall that separates our properties. At the point behind the basketball goal, the retaining wall is about 2 feet high (a 2 foot drop onto my property). There is also a curb on the edge of his driveway directly behind where the basketball goal is installed. It seems likely, if not inevitable, that someone will eventually stumble or be pushed in the course of a basketball game and they will trip over the curb and fall off the retaining wall down the 2 feet onto my property. If this fall onto my property were to cause an injury, would I be liable for the injury?


Asked on 5/29/12, 10:23 am

1 Answer from Attorneys
Roger Merrill Merrill & Associates

You do not owe the same duty to persons who come onto your property uninvited as opposed to those who you invite.

Tell your neighbor that he's created a hazardous condition and that he needs to do something about it. Also tell him that if you're sued because a kid gets hurt playing at his goal, you'll share with the kid's attorney how you told the neighbor, but he did nothing about it. This would subject him to a gross negligence claim.

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Answered on 5/31/12, 6:29 pm


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