Concord, TX Personal Injury Law Firms & Lawyers

You can always be sued, but generally the only duty you owe to a trespasser is to not intentionally harm him or her. Unless you knew of a dangerous condition and knew the trespasser was there but did nothing to warn him or her, you probably aren't liable. However, if the trespasser is a child and you had something on your land that would draw kids like him or her (a junk car, a pool, etc.), you can be liable under "attractive nuisance" theory.

Anyone can be sued for anything, that is the short answer. The real questions is: Do you have a case worth pursuing against this chiropractor. The answer is: That depends. You have a right not to be harassed or touched inappropriately by the chiropractor. I don't know what kind of touching this chiro did or what affect it has had on you and those two variables are very important in a sexual assault / battery case. A case where a chiropractor brushed against a woman's breast more than once is a difficult case in which to prove that he did so on purpose (if he denied it) and would likely result in minimal damages (would it require counseling? How much? It depends on the individual and her circumstances). A case where the chiropractor forcibly sexually assaulted a female patient resulting in injury is easier to prove and worth more money because it could lead to more significant trauma. An attorney evaluating your case will want to hear all of the facts to try and determine if it is provable and whether it is a case worth pursuing. Civil lawsuits are about compensating the plaintiff for their damages. If there are no damages or minimal damages there is no reason to incur the cost of litigation. If there are significant damages, but the defendant has no money to pay and no insurance that will pay, there is no reason to incur the cost of litigation. Civil litigation is also a long and sometimes painful process. Cases can take years to resolve and can re-open wounds repeatedly. It takes a plaintiff with a significant amount of dedication to her cause to pursue a case and see it through to the finish. Only when all of these stars align is it worth your time to pursue a civil lawsuit against a potential defendant.

See if other tenants have similar breathing problems resulting from the air in the old complex. Perhaps, you may want to join forces with them to retain an attorney for advice and direction to try to correct the problems.