Texas PJC Malpractice 2022

P REMISES L IABILITY —D EFINITIONS AND I NSTRUCTIONS

PJC 65.2

PJC 65.2

Negligence and Ordinary Care of Plaintiffs or of Defendants Other Than Owners or Occupiers of Premises

“Negligence,” when used with respect to the conduct of [ Paul Payne ] [ Don Davis ], means failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar cir cumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances. “Ordinary care,” when used with respect to the conduct of [ Paul Payne ] [ Don Davis ], means that degree of care that would be used by a person of ordi nary prudence under the same or similar circumstances. COMMENT When to use. The standard of care of a defendant who is an owner or occupier of a premises is included in the liability question. See, e.g., PJC 66.4. PJC 65.2 should be used to submit the conduct of other parties, such as a contributorily negligent plaintiff or a third-party defendant who is not an owner or occupier of a premises. See, e.g., Colvin v. Red Steel Co. , 682 S.W.2d 243, 245 (Tex. 1984); Great Atlantic & Pacific Tea Co. v. Evans , 175 S.W.2d 249, 250–51 (Tex. 1943) . See also PJC 65.3 for a child’s standard of care. The Committee recommends that if more than one standard of care is submitted, the different standards should identify the appropriate party by name.

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