Premises Liability Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your® ID to access the full text of this chapter.
Order from the LexisNexis Store. Formats may include:
  • eBook for Mobipocket readers, including Amazon® Kindle

  • eBook for eReader, including Adobe® Digital Edition, Apple® iPad®, Sony® Reader

  • Print (Hardcover)


Dorsaneo, Texas Litigation Guide
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

19-310 Dorsaneo, Texas Litigation Guide 310.syn


Premises Liability


Professor William V. Dorsaneo III

Chapter Summary


This chapter from Dorsaneo, Texas Litigation Guide covers the liability of owners and occupiers of real property for personal injuries sustained on their premises. The type of interest or degree of control the defendant must have to be liable is discussed. Definitions of the various classifications of entrants onto property as trespassers, licensees, or invitees are provided, as is the standard of care applicable to each classification. The chapter also discusses the effect of intervening acts of negligence, or intervening criminal conduct, on the owner or occupier's liability. The special rules applicable to governmental owners or occupiers are also discussed. Checklists and drafting guides, as well as forms for plaintiff and defendant pleadings are provided.

Premises liability is the body of law that establishes the duties owed by an owner or occupier of land to persons who come onto his or her real property to protect them from injury on account of dangerous conditions or activities on the property. This chapter covers how the duty owed to one who enters real property depends of the status of the entrant. The chapter discusses the legal differences between an injury caused by negligent activity on the property, as opposed to the condition of the property itself.

This chapter describes the persons who owe a duty of care to those who enter onto property. It explains the concepts of ownership, control, and right to control, It discusses the liability of a landlord for injuries occurring on leased premises. The chapter discusses whether a landlord's liability for injuries caused by an independent contractor to repairs or the failure to make them. There is a section describing the landlord's liability for conditions existing on leased premises at the time the tenant takes possession. This chapter also explains liability of a contractor, as well as the duty owed to the contractor by the owner of the premises. The chapter explains the liability of one in control of premises for the negligent or criminal acts of third parties. This chapter also explains premises liability when the subject property is owned by the state of federal government and actions under the Federal Tort Claims Act and the Texas Tort Claims Act. Finally, this chapter discusses the liability of one in control of property for injuries incurred by a person while committing a misdemeanor or felony for which he or she was subsequently convicted.

Dorsaneo, Texas Litigation Guide (Matthew Bender) provides a step-by-step guide to civil procedure in Texas, from filing the petition through appellate procedure, with substantive practice-area topics offering legal background, checklists, forms, and research guides. It covers business entities, commercial, real estate, personal injury, family law, and probate litigation, as well as administrative proceedings.


Texas,premises liability,trespasser,licensee,invitee,persons owning duty,owners and occupiers of property,ownership or control of property,covenant to repair,dangerous conditions,nondelagable duties,condominium owners,easement owners,trespassers,standard of care,gross negligence,forseeability,license,new or hidden dangers,invitee,knowledge of dangerous condition,slip and fall,spectators


Nuisance claims against property owners or occupiers are covered in Ch. 311, Nuisance.

Liability of alcohol providers, including social hosts, is discussed in Ch. 323, Liquor Liability.

The duties and liabilities of employers with respect to the condition of work premises are discussed in Ch. 340, Workers' Compensation.

General negligence principles are contained in Ch. 290, Negligence.

Other related chapters include Ch. 20, Damages in Tort; Ch. 282, Landlord and Tenant; Ch. 291, Proportionate Responsibility Contribution and Indemnity; Ch. 292, Death Actions; and Ch. 293, Claims against Governmental Entities.


See Texas Civil Trial Guide (Matthew Bender) for comprehensive, authoritative, and up-to-date coverage of pleadings, motions, trial settings, continuances, consolidation and severance, jury selection, motions for judgment, and closing argument.

See Texas Personal Injury Handbook (Matthew Bender) for a thorough, up-to-date guide providing information on personal injury claims, insurance policies and endorsements, Texas Code provisions, and a glossary of medical terms.

See Law of Premises Liability (Matthew Bender) for examination of personal injury actions brought by entrants against owners or occupiers of land. It covers trespassers, licensees, invitees, landlords and tenants, dramshop owners, social hosts, and others.

See Premises Liability Law and Practice (Matthew Bender) for invaluable practice material for handling every phase of a case, covering the types of premises, types of actions, responsible parties, damages, and defenses.

See Comparative Negligence Law and Practice (Matthew Bender) for detailed analysis of the current status of comparative negligence in every state, as well as complete discussion of the effect of the doctrine on such areas as products liability, workers' compensation, wrongful death actions, conflict of laws, and multi-party litigation.

If you are interested in obtaining a® ID and Password, please contact us at 1-(800)-227-4908 or visit us at
Search Documents
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

LexisNexis Store
Research Now - Go to
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities