Texas PJC Malpractice 2022

PJC 66.7

P REMISES L IABILITY —T HEORIES OF R ECOVERY

PJC 66.7

Premises Liability—Disjunctive Submission of Invitee-Licensee for Alternate Theories of Recovery

QUESTION ______ On the occasion in question, was Paul Payne an invitee or a licensee on that part of Don Davis ’s premises under consideration? An “invitee” is a person who is on the premises at the express or implied invitation of the possessor of the premises and who has entered thereon either as a member of the public for a purpose for which the premises are held open to the public or for a purpose connected with the business of the possessor that does or may result in their mutual economic benefit. One who is an invitee can not be a licensee at the same time. A “licensee” is a person on the premises of another with the express or implied permission of the possessor but without an express or implied invita tion. Answer “ invitee ” or “ licensee .” Answer: _______________ COMMENT When to use. PJC 66.7 is appropriate if the plaintiff seeks to recover on alternate theories of liability—that is, that he was either an invitee or a licensee. In such event, licensee status is not in the nature of an inferential rebuttal, and disjunctive submission is proper under Tex. R. Civ. P. 277 if the evidence shows that the plaintiff must be either an invitee or a licensee. Cf. Archuleta v. International Insurance Co. , 667 S.W.2d 120, 122 (Tex. 1984) (in workers’ compensation suit, proper to ask about total and partial incapacity as alternate theories; inquiry about partial incapacity improper inferential rebuttal if only total incapacity claimed). Modify if claimed licensee status in dispute. If the plaintiff claims he was a licensee but the defendant argues that the plaintiff was a trespasser, PJC 66.7 may be modified by substituting the words a licensee for an invitee and trespasser for licensee in the question, licensee for invitee and trespasser for licensee in the answer instruc tion, and the following definitions for those given above:

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