Texas PJC Malpractice 2022

PJC 66.14

P REMISES L IABILITY —T HEORIES OF R ECOVERY

PJC 66.14

Property Owner’s Liability to Contractors, Subcontractors, or Their Employees (Tex. Civ. Prac. & Rem. Code Ch. 95)

QUESTION ______ Did Olivia Owner exercise or retain some control over the manner in which [ the injury-causing ] [ the defect-producing ] work was performed, other than the right to order the work to start or stop or to inspect progress or receive reports? Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to the above question, then answer the following question. Otherwise, do not answer the following question. QUESTION ______ Did the negligence, if any, of Olivia Owner proximately cause the [ injury ] [ occurrence ] in question? With respect to the condition of the premises, Olivia Owner was negligent if— 3. Olivia Owner failed to exercise ordinary care to protect Paul Payne from the danger, by both failing to adequately warn Paul Payne of the condi tion and failing to make that condition reasonably safe. “Ordinary care,” when used with respect to the conduct of Olivia Owner as an owner of a premises, means that degree of care that would be used by an owner of ordinary prudence under the same or similar circumstances. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 66.14 should be used in cases governed by chapter 95 of the Texas Civil Practice and Remedies Code, which applies when a property owner is claimed to be liable for personal injury, death, or property damage to a contractor, a 1. the condition posed an unreasonable risk of harm, and 2. Olivia Owner had actual knowledge of the danger, and

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