Texas PJC Malpractice 2022

P REMISES L IABILITY —T HEORIES OF R ECOVERY

PJC 66.5

Co-operative v. Burkholder , 354 S.W.2d 639, 642 (Tex. App.—Fort Worth 1962, writ ref’d n.r.e.). Derivative claimant. In cases involving a derivative claimant (see PJC 66.13), the above question must also include the name of the derivative claimant along with that of the primary claimant. Condition must create unreasonable risk resulting in physical harm. Only a condition creating an unreasonable risk that results in physical harm will impose lia bility on the possessor of a premises. Some conditions have been held, as a matter of law, not to create unreasonable risks. See, e.g., Scott & White Memorial Hospital v. Fair , 310 S.W.3d 411, 412–13 (Tex. 2010) (accumulation of mud or ice); Brinson Ford, Inc. v. Alger , 228 S.W.3d 161, 162–63 (Tex. 2007) (ramp at auto dealership); H.E. Butt Grocery Co. v. Resendez , 988 S.W.2d 218, 219 (Tex. 1999) (per curiam) (customer sampling display); Seideneck v. Cal Bayreuther Associates , 451 S.W.2d 752, 754 (Tex. 1970) (throw rug). Substitute particular condition. If it is agreed that the case involves only one condition, the Committee recommends that the particular condition (e.g., a grape on the floor ) be substituted for the phrase the condition. Exceptions to the limitations on joint and several liability. The limitations on joint and several liability set forth in chapter 33 of the Civil Practice and Remedies Code do not apply in certain instances. See Tex. Civ. Prac. & Rem. Code § 33.013. See also chapter 72 in this volume. Settling person, contribution defendant, or responsible third party. See PJC 66.2.

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