Texas PJC Malpractice 2022

P REMISES L IABILITY —T HEORIES OF R ECOVERY

PJC 66.7

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 invitation. A “trespasser” is a person who enters on property of another with out consent of the owner, express or implied. The above definitions are based on those in Environmental Processing Systems, L.C. v. FPL Farming, Ltd. , 457 S.W.3d 414, 424 (Tex. 2015) (trespasser); State v. Shumake , 199 S.W.3d 279, 285 (Tex. 2006) (trespasser); Texas-Louisiana Power Co. v. Webster , 91 S.W.2d 302, 306 (Tex. 1936) (licensee). See also Catholic Diocese of El Paso v. Porter , 622 S.W.3d 824, 829 (Tex. 2021) (invitee/licensee). Invitee on one part of premises; licensee on another. A person may be an invi tee on one part of the premises and a licensee on another or a licensee on one part and a trespasser on another. Burton Construction & Shipbuilding Co. v. Broussard , 273 S.W.2d 598, 602–03 (Tex. 1954); Calhoun v. Overdorf , No. 12-11-00239-CV, 2012 WL 1514841, at *3 (Tex. App.—Tyler Apr. 30, 2012, no pet.) (mem. op.). If the plain tiff’s status on a particular part of the premises is not in dispute, the phrases “that part of” and “under consideration” in the above question should be deleted. Answer determines which liability question follows. PJC 66.7 is designed to function as a predicate to the appropriate liability question. Therefore, after answering the above question, the jury should be directed to answer either PJC 66.4 (plaintiff is invitee) or PJC 66.5 (plaintiff is licensee), whichever is appropriate.

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