Under Texas premises liability law, if you own property whether it is a store, a business, or a home, the duty that you owe to others entering your property is determined by their legal status. The ultimate duty that you owe is determined by whether the law sees the injured party as an invitee, licensee, or trespasser. Thus, understanding what each of these classifications means is critical for a premises liability lawyer to understand the slip-and-fall law in Texas.
Who is an Invitee?
An “invitee” is a person who enters someone else’s property for the benefit of the person who has possession of the property. The person in possession, not necessarily the property owner, is responsible for making sure the legal duty is met. So if a business rents retail space and a customer slips and falls on a known water spill on the floor, the business leasing the space is liable for the injuries, not the retail space owner. All businesses open their doors to the public and invite them in to shop. Thus, patrons of any type of business are invitees so long as they are there for the intended (invited) purpose, and business owners should take steps to prevent slip-and-fall accidents. A social guest at a home or an apartment is another example of an invitee. They are invited over for socialization purposes. This gives rise to invitee status.
What Duty is Owed to an Invitee?
Invitees are owed the highest duty under the law. The land possessor invited them in, thus, they imply the premises are safe for them to enter. Under this duty, the possessor is obligated to conduct a reasonable inspection of the property to identify any unreasonably dangerous conditions and if there is an unreasonably dangerous condition upon their property then the land possessor must either:
- Warn the invitee of the known danger, or;
- Remedy the danger.
Failure to do so will result in legal liability for the injured caused by the unreasonably dangerous condition.
Who is a Licensee?
A “licensee” is a person who enters the property of another for the mutual benefit of the possessor and the individual visiting. So persons who come to a store not to shop but to sell the property possessor a product or to deliver goods to the possessor for resale are examples of licensees.
What Duty is Owed to a Licensee?
A property possessor owes a licensee a duty not to cause her harm intentionally or by way of grossly negligent conduct. A possessor further owes a licensee a duty to disclose any dangerous conditions that she actually knows about. This duty differs from the duty to an invitee in that there is no duty to conduct a reasonable inspection of the property for dangerous conditions. The licensee was not “invited” so there is no implication that the premises are ready and safe for them.
Who is a Trespasser?
A “trespasser” is a person who enters the property of another without any invitation or right. They may be there for ill intent or they may be lost and wandering onto the property when they should not be there.
What is the Duty Owed to a Trespasser?
As a general rule, the duty owed to a trespasser is not to intentionally or willfully harm them. They do not belong there, thus, you do not have a duty to inspect the property for them. However, there are exceptions to the trespasser rule. If you maintain an attractive nuisance on your property, you may be liable when children too young to appreciate the danger trespass to access the attractive nuisance.
What Are the Defenses to the Slip and Fall Law in Texas?
Status Change Due to Deviation
One defense to the slip and fall law in Texas is a change of status. The status of a person who enters someone’s property as an invitee can change to trespasser status if the person leaves the authorized area to which he was invited. For example, if a customer were to slip and fall at Walmart after he found his way back into an “employee only” area such as a workspace, warehouse, or lunchroom without anyone having granted her permission, he would be considered a trespasser even though he originally entered the store as an invitee. Once the person’s status changes, the duty owed to the person changes until the person returns to the invited area.
The Actual Knowledge Defense
If the injured party was aware of the unreasonably dangerous condition and made a conscious decision to encounter it, they may be barred from bringing a claim. The basis of this defense is that you do not have a duty to tell something that they already know. For example, if an employee picks up a mop and has a slip-and-fall accident at H.E.B. while cleaning the spill, they cannot blame the property possessor under a premises liability theory when they were clearly aware of the spill.
The Natural Accumulation Defense
The Texas Supreme Court has ruled that persons in control of premises are not responsible for natural accumulations on parking lots and sidewalks caused by weather such as rain, ice, or snow. This also applies to someone who tracks in water when it is raining and then has a slip-and-fall accident at Fiesta Mart because their shoes are wet.
The Open and Obvious Defense
This defense is very similar to the actual knowledge defense however, they do not have to actually know if they clearly should have known of the danger. A hazard is “open and obvious” when it is so noticeable that anyone should see and appreciate the risk. An example of this might be when a person tries to walk across a puddle by the plant watering stations and then has a slip and fall accident in Home Depot after observing the water on the floor.
Practice Tip: The open and obvious defense does not apply when a person has no choice but to encounter the hazard due to circumstances under the property owner’s control. An example of this is an unlit stairway that is the only way for an apartment resident to get out of his apartment.
Conclusion
The slip and fall law in Texas is controlled by premises liability law. People in control of the property have a different duty to different persons that is largely based upon their reason for being upon the property. This duty may range from conducting safety inspections to not intentionally harming the person, depending upon the person’s status. You would be wise to consult a slip-and-fall injury lawyer to determine your rights and obligations if you have questions.
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