Texas PJC Malpractice 2022

P REMISES L IABILITY —T HEORIES OF R ECOVERY

PJC 66.10

PJC 66.10

Premises Liability—Attractive Nuisance

QUESTION 1 On the occasion in question, did Don Davis know or should he have known that children were likely to be present on or about the oil derrick ? Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question 1, then answer Question 2. Otherwise, do not answer Question 2. QUESTION 2 Did the negligence, if any, of those named below proximately cause the [ injury ] [ occurrence ] in question? With respect to the condition of the premises, Don Davis was negligent if— 1. the condition posed an unreasonable risk of harm, and 2. Don Davis knew or reasonably should have known of the danger, and 3. Don Davis failed to exercise ordinary care to protect Paul Payne, Jr. from the danger, by both failing to adequately warn Paul Payne, Jr. of the condition and failing to make that condition reasonably safe. “Ordinary care,” when used with respect to the conduct of Don Davis as an owner or occupier of a premises, means that degree of care that would be used by an owner or occupier of ordinary prudence under the same or similar cir cumstances. Answer “Yes” or “No” for each of the following: 1. Don Davis 2. Paul Payne, Jr. 3. Sam Settlor 4. Responsible Ray 5. Connie Contributor

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