Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Wednesday, July 27, 2011

Premises Liability as to Invitees

ELEMENTS OF PREMISES LIABILITY CLAIM BY INVITEE 
& STANDARD OF PROOF

In a premises liability case, the plaintiff must establish (1) a legal duty owed to the plaintiff, (2) breach of that duty, and (3) damages proximately caused by the breach. See Del Lago Partners, Inc. v. Smith, 307 S.W.3d 762, 767 (Tex. 2010).

Status of Plaintiff with respect to the property on which injury happened or accident occurred 

The scope of the duty owed to plaintiff depends on the status of the plaintiff at the time the incident occurred. See Western Investments, Inc. v. Urena, 162 S.W.3d 547, 550 (Tex. 2005); M.O. Dental Lab, 139 S.W.3d at 675.

Invitee Status

When [...] the plaintiff is an invitee, a property owner has a duty to use ordinary care to reduce or eliminate an unreasonable risk of harm created by a premises condition about which the property owner knew or should have known. Del Lago Partners, 307 S.W.3d at 767.

SOURCE: Dallas Court of Appeals - 05-10-00123-CV - 7/26/11