Where Does Liability Actually Arise From?
Updated: Jul 25
Keaton Frieberg, a law partner with Texas Suits who specializes in real estate and business transactions and litigation, addresses where liabilities actually arise in property ownership.
Everybody thinks that liability stems from the asset. So they think, okay, I have my tenant who's living at the property. Maybe there are stairs, they're walking up the stairs, they step through the stairs, or something like that. I had 'em done. That's where the liability comes from. But what's funny is that where the liability typically comes from is ourselves.
So liability runs both ways. It can run from the asset to us or from us to the asset. If you own a property in your own name, you're at h e b and you're backing up, you didn't see grandma pushing the shopping cart behind you, you bump into her, you get sued, and you're held personally liable. That liability, just because it didn't stem from the asset, doesn't mean that judgment can't extend to the asset at that point if it's owned in your personal name.
So the point that I'm trying to get at here is that most people think that. The liability arises from owning the home itself, but really it comes from us.
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