Evaluating Premises Liability Claims

Evaluating Premises Liability Claims

When we consider a premises liability case for somebody, the first thing we want to determine is what the status of that person was under Texas law. When I say status, what I'm referring to is whether that person is classified as an invitee, a licensee, or a trespasser under Texas law. Most people are fairly familiar with what a trespasser is; that's someone who would go upon the premises without the owner's permission or invitation and for the trespasser's own purposes, not some performance of a duty for the owner.

A licensee is someone who goes on the premises with the permission of the owner but it's for some reason other than business or commercial. Often social guests are considered to be licensees, as opposed to the next one, which would be an invitee. An invitee is owed the highest duty from the owner or possessor of the land, and that's somebody who comes onto a property or remains on a property for a commercial or business purpose in general