Julia Fincher v. Dolgencorp of Texas, Inc.

Date: 08-22-2025

Case Number: 24-cv-00080

Judge: John R. Parker

Court: United States District Court for the Northern District of Texas (Tom Green County)

Plaintiff's Attorney:

Defendant's Attorney:

Description: San Angelo, Texas personal injury lawyer represented the Plaintiff who sued on a premises liability theory.

In Texas, premises liability law holds property owners responsible for injuries that occur on their property due to unsafe conditions. To prove a claim, an injured person must generally demonstrate that the owner was negligent by breaching a legal duty of care. The specific duty of care owed depends on the injured person's status as an invitee, licensee, or trespasser.

Visitor classifications and duties of care

Texas law requires different standards of care based on why the person was on the property.

Invitee: This classification receives the highest duty of care. An invitee is a person on the property for the mutual benefit of both the visitor and the owner, such as a customer in a store.

Owner's duty: The owner must take reasonable steps to make the premises safe from concealed dangers they know about or should know about. This includes inspecting the property and either fixing dangerous conditions or providing adequate warnings.

Licensee: A licensee is a social guest or someone on the property with the owner's permission, but not for the owner's business purposes.

Owner's duty: The owner's duty to a licensee is lower. They must warn the licensee of any known dangerous conditions but are not required to search for unknown hazards. The owner must have actual knowledge of the dangerous condition, not just constructive knowledge.

Trespasser: A trespasser enters a property without the owner's consent or permission.

Owner's duty: The owner generally owes no duty to a trespasser except to avoid causing injury willfully, wantonly, or through gross negligence.

Attractive Nuisance Doctrine: An exception to the trespasser rule exists for children. This doctrine imposes a higher duty on landowners if a dangerous condition on their property is likely to attract young children who may not understand the risk. The owner must take reasonable steps to protect children from the hazard, such as a swimming pool or construction equipment.

Elements of a premises liability claim

To succeed in a premises liability lawsuit, an injured party must prove four elements of negligence:

Duty of care: The owner owed a legal duty to the injured person.
Breach of duty: The owner breached that duty of care by acting unreasonably or failing to take necessary actions.
Injury: The injured person suffered actual harm or damages.
Causation: The owner's breach of duty was the proximate cause of the injury.

Modified comparative negligence
Texas follows a modified comparative negligence system, which affects the amount of damages an injured person can recover.

If the injured person is found to be 50% or less at fault for the accident, their compensation is reduced by their percentage of fault.
If the injured person is found to be more than 50% responsible, they cannot recover any damages.

Common premises liability incidents
Accidents that can lead to premises liability claims in Texas include:

Slip and falls
Trips over obstacles
Injuries from poor lighting
Negligent security leading to assaults
Dog bites and animal attacks
Swimming pool accidents
Fires and explosions
Defective or collapsing structures

Statute of limitations
In Texas, an injured person generally has two years from the date of the injury to file a premises liability lawsuit.

Outcome: Dismissed

Plaintiff's Experts:

Defendant's Experts:

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