Date: 05-25-2025

Case Style: Sylvia A. Stricland v. Wal-Mart Stores Texas, LLC, et al.

Case Number: 24-cv-00309

Judge: Alan D. Albright

Court: United States District Court for the Western District of Texas (McLennan County)

Plaintiff's Attorney: Kristina Kastl, Samantha Best, and Yvonne Nicolette Rosales

Defendant's Attorney: Helen Emerson, Lauren Vossen, and David Johnson

Description: Waco, Personal Injury lawyers represented the Plaintiff who sued the Defendants on premises liability theories.

In Texas, premises liability law holds property owners or occupiers responsible for injuries sustained by visitors due to unsafe conditions on their property. To establish a premises liability claim, the injured party must demonstrate that the property owner or occupier had actual or constructive knowledge of a dangerous condition, the condition posed an unreasonable risk of harm, the property owner failed to exercise reasonable care to reduce or eliminate the risk, and the failure proximately caused the injury.
Key Elements of a Texas Premises Liability Claim:

Duty of Care:
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Property owners have a duty to maintain their premises in a reasonably safe condition for visitors, or to warn of known dangers. This duty varies depending on the visitor's status (invitee, licensee, or trespasser).
Knowledge of the Hazard:
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The property owner must have either actual knowledge (being aware of the hazard) or constructive knowledge (should have known about the hazard through reasonable diligence).
Unreasonable Risk of Harm:
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The dangerous condition must pose a risk of harm that a reasonable person would recognize as dangerous.
Failure to Exercise Reasonable Care:
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The property owner must have failed to take reasonable steps to correct the hazard or warn of it.
Proximate Cause:
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The property owner's negligence must be the direct cause of the injury.

Visitor Status and Duty of Care:

Invitees:
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These are people on the property at the express or implied invitation of the property owner for a purpose related to the owner's business (e.g., customers in a store). The owner owes the highest duty of care to invitees, including a duty to make the premises reasonably safe and to warn of known or reasonably discoverable dangers.
Licensees:
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These are people on the property with the owner's permission, but not for the owner's benefit (e.g., social guests). The owner owes a lesser duty of care to licensees, including a duty to warn of known, hidden dangers.
Trespassers:
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These are people on the property without permission. The owner owes the lowest duty of care to trespassers, generally only a duty not to intentionally or recklessly injure them.

Statute of Limitations:

In Texas, the statute of limitations for a premises liability claim is generally two years from the date of the injury.

Texas follows a modified comparative fault system:

If the injured party is found to be more than 50% at fault, they are barred from recovering any damages.

Examples of Premises Liability Cases:

Slip and fall accidents (e.g., on icy sidewalks, uneven floors).
Dog bites.
Swimming pool accidents.
Fires.
Negligent security (e.g., inadequate lighting, security personnel).

Important Considerations:

Open and Obvious Doctrine:

In Texas, an open and obvious danger may not be grounds for liability if it is obvious to those who would normally be expected to use the area where the danger exists, according to a blog post by Morrow & Sheppard LLP.

Independent Contractors:

Property owners may be liable for the negligent acts of independent contractors hired to perform work on their property.
Government Entities:

In cases involving public property, liability may fall on government agencies.
Social Host Liability:

Texas law imposes liability on social hosts who serve alcohol to underage individuals who subsequently cause harm.

Outcome: Unknown

Plaintiff's Experts:

Defendant's Experts:

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