Premises liability claims arise from physical conditions or defects on property. In a premises liability case, like any negligence case, the plaintiff must establish a duty owed to the plaintiff, breach of the duty, and damages proximately caused by the breach.
It should be noted that landowners may also be liable for negligent activities when a person has been injured by or as a contemporaneous result of the activity itself, rather than by a condition created by the activity. Keetch v. Kroger Co., 845 S.W.2d 262 (Tex.1992).
In premises liability cases, the scope of the duty turns on the plaintiff’s status.
Generally, store customers are invitees, and a property owner owes invitees 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.
In Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex.1983) the Texas Supreme Court set forth the elements of a premises liability in a slip and fall case:
(1) Actual or constructive knowledge of some condition on the premises by the owner/operator;
(2) That the condition posed an unreasonable risk of harm;
(3) That the owner/operator did not exercise reasonable care to reduce or eliminate the risk; and
(4) That the owner/operator’s failure to use such care proximately caused the plaintiff’s injuries.
As far as licensees, the landowner owes a duty to warn of or to make safe hidden dangers known to the landowner and a duty not to intentionally, willfully, or through gross negligence cause injury.
As to trespassers, a landowner owes only a duty not to intentionally, willfully, or through gross negligence cause injury.
It should also be noted that Texas has a recreational use statute which limits the liability of who open their land for recreational purposes. TEX. CIV. PRAC. & REM. CODE §§ 75.001 -.004.
A general contractor in control of the premises may be liable for two types of negligence in failing to keep the premises safe: that arising from an activity on the premises, and that arising from a premises defect.” Clayton W. Williams, Jr., Inc. v. Olivo, 952 S.W.2d 523 (Tex. 1997).
Examples of potential premises liability and negligent activity cases against landowners would be, among others, a slip and fall on ice as a result of an ice dispenser, falling objects or merchandise, failure to remove rowdy customers, misapplication of wax on a floor, unstable platforms or stairs, rotten wood allowing a fall through a floor.
In cases in which governmental vehicles are involved, you may find helpful information in Governmental Tort Liability.
We have experience with premises liability cases, and if you or your family member has been seriously injured or died on a dangerous premises or as a result of a premises owner’s negligent activity and need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.
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