Kathrin Goodacre v. Wal-Mart Stores Texas, LLC

Fort Worth, Texas personal injury lawyer represented the Plaintiff who sued the Defendant on premises liability negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.



This case was filed in the County Court at Law No. 2 of Tarrant County,TX, 22-006742-2 and was removed to federal court by the Defendant.



Texas Premises Liability Law:



Texas premises liability law holds property owners responsible for injuries sustained by visitors due to hazardous conditions on the property.

The type of duty the owner owes depends on the visitor's status:

Invitee: Someone invited onto the property for the owner's benefit (e.g., customers, delivery personnel). The owner owes the highest duty of care to invitees, which means they must:

Maintain the property in a reasonably safe condition.

Warn invitees of any hidden dangers they know or should know about.

Take reasonable steps to protect invitees from harm.

Licensee: Someone entering the property with the owner's permission but for their own benefit (e.g., social guests). The owner owes licensees a lower duty of care, which means they must:

Warn licensees of any hidden dangers they know about.

Avoid willful or wanton conduct that causes harm.

Trespasser: Someone entering the property without the owner's permission. The owner has the least duty of care to trespassers, which means they must:

Avoid using excessive force to remove them.

Not intentionally injure them.



Proving Negligence:



To win a premises liability case in Texas, the injured person must prove the following:



The owner owed them a duty of care.

The owner breached that duty by failing to maintain the property in a reasonably safe condition or by failing to warn of hidden dangers.

The breach of duty caused the visitor's injuries.

The visitor suffered damages (e.g., medical bills, lost wages, pain and suffering).



Defenses:



Property owners may raise several defenses to a premises liability claim, such as:



Contributory negligence: The visitor's own actions contributed to their injuries.

Assumption of the risk: The visitor knew about the danger and voluntarily chose to expose themselves to it.

Open and obvious danger: The danger was so obvious that the visitor should have avoided it.



Damages:



If you win a premises liability case, you may be able to recover damages for:



Medical expenses

Lost wages

Pain and suffering

Emotional distress

Property damage



Resources:



Texas Civil Practice & Remedies Code Chapter 75

Texas Bar Association

Texas Law Library



Google Bard

Settled for an undisclosed sum and dismissed with prejudice.