Texas PJC Malpractice 2022

P REMISES L IABILITY —D EFINITIONS AND I NSTRUCTIONS

PJC 65.4

analyzes the integration of an “aggregate-level” but-for causation test into the jury charge. When to use. PJC 65.4 should be used in every premises case in which the cause of action requires that the negligence be a proximate cause of the occurrence or injury. For discussion of the element of “foreseeability,” see Doe v. Boys Clubs of Greater Dallas, Inc. , 907 S.W.2d 472, 478 (Tex. 1995), and Carey v. Pure Distributing Corp. , 124 S.W.2d 847, 849 (Tex. 1939). If there is evidence of a “new and independent cause,” the definitions in PJC 65.5 should be used in lieu of the definition above. If “sole proximate cause” is raised by the evidence, see PJC 65.6. Modify if “ordinary care” not applicable to all. In a case involving more than one standard of care (see PJC 65.2 and 65.3), the phrase the degree of care required of him should replace the phrase ordinary care. See Rudes , 324 S.W.2d at 206–07.

167