Texas PJC Malpractice 2022

P REMISES L IABILITY —T HEORIES OF R ECOVERY

PJC 66.14

subcontractor, or an employee of a contractor or subcontractor arising from the condi tion or use of an improvement to real property where the contractor or subcontractor constructs, repairs, renovates, or modifies the improvement. Under the statute, the property owner is not liable unless he controlled the manner in which the work was performed and knew of the harm and failed to adequately warn of it. Tex. Civ. Prac. & Rem. Code § 95.003. For discussion of the scope of chapter 95, see Ineos USA, L.L.C. v. Elmgren , 505 S.W.3d 555, 565–66 (Tex. 2016) (chapter 95 does not apply to claims against property owner’s employee acting as owner’s agent, but does apply to claims against property owner based on theory of respondeat superior for negligence of prop erty owner’s employee); and Abutahoun v. Dow Chemical Co. , 463 S.W.3d 42, 50–51 (Tex. 2015) (chapter 95 applies to all negligence claims that arise from either premises defect or negligent activity of a property owner or its employees). See also Endeavor Energy Resources, L.P. v. Cuevas , 593 S.W.3d 307, 310–12 (Tex. 2019) (applying chapter 95 to contractor’s negligent-hiring claim against a property owner). Use of “injury” or “occurrence.” See PJC 66.1. Accompanying question. Predicate questions submitting other conditions neces sary to incur liability under the statute may also be required. For example, fact ques tions may exist about whether the real property was used primarily for commercial or business purposes or whether the occurrence or injury arose from an improvement to the property that was constructed, repaired, renovated, or modified by the contractor. Substitute particular work. Terms describing the particular work alleged to have caused the injury or produced the defect should be substituted for the italicized phrase in the charge. Substitute particular condition. If it is agreed that the case involves only one condition, the Committee recommends that the particular condition (e.g., a hole in the roof ) be substituted for the phrase the condition .

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