Texas Premises Liability & Slip-and-Fall Law: Invitee vs. Licensee & Constructive Knowledge

Overview of Texas Law & Liability Framework

Texas premises liability law is notoriously rigorous for injured claimants, requiring strict proof of the property owner's actual or 'time-notice' constructive knowledge of an unreasonably dangerous condition and distinguishing sharply between negligent activity and premises defects.

Key Texas Statutory Rules & Liability Standards

• Premises Defect vs. Negligent Activity (Keetch v. Kroger): Under Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992), a plaintiff injured by a condition created on the property (such as a wet floor or defective step) rather than a contemporaneous ongoing activity must plead and prove the four elements of a premises defect claim—ordinary negligence instructions are Reversible Error.
• Four Elements for an Invitee (CMH Homes v. Daenen): A customer or business invitee must prove: (1) the owner/occupier had actual or constructive knowledge of a condition on the premises; (2) the condition posed an unreasonable risk of harm; (3) the owner failed to exercise reasonable care to reduce or eliminate the risk; and (4) that failure proximately caused the plaintiff's injuries.
• The 'Time-Notice' Constructive Knowledge Rule (Wal-Mart v. Gonzalez & Brookshire Grocery v. Taylor): Under Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934 (Tex. 1998), dirt, footprints, or cart tracks in spilled food are legally insufficient to prove how long the spill was on the floor; the plaintiff must present temporal evidence showing the hazard existed long enough that a reasonable inspection would have discovered it.
• The 'Open and Obvious' Complete Bar & Its Two Exceptions (Austin v. Kroger): In Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015), the Texas Supreme Court held that a landowner generally has NO duty to warn or protect an invitee against an 'open and obvious' hazard or one already known to the invitee, subject only to two narrow exceptions: (1) the Criminal Activity (Timberwalk) exception; and (2) the 'Necessary Use' exception (where the invitee must unavoidably traverse the hazard and the landowner should have anticipated they could not do so safely).

Texas Court Procedure, Crash Reporting & Evidentiary Deadlines

Immediately demanding store CCTV surveillance video covering at least 2 hours BEFORE the fall is critical in Texas, because video is often the only way to establish the exact minute a spill occurred to satisfy Wal-Mart v. Gonzalez.

Compensatory & Exemplary Damages Available Under Texas Law

Orthopedic/surgical medical expenses (§ 41.0105), lost wages (§ 18.091), physical pain, mental anguish, physical impairment, and disfigurement.