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28 Tex. Tech L. Rev. 1161 (1997)
Can the Submission of a Premises Liability Case Be Simplified

handle is hein.journals/text28 and id is 1171 raw text is: CAN THE SUBMISSION OF A PREMISES LIABILITY CASE BE SIMPLIFIED? by Tab H. Keener* I. INTRODUCTION ............................ 1161 II. OVERVIEW PREMISES LIABILITY SUBMISSION ......... 1162 A. Classification of the Injured Party ............. 1163 1. Trespassers .......................... 1164 2. Licensees ........................... 1165 3. Invitees . ........................... 1166 B. Liability For Acts of Independent Contractors ...... 1167 C. Negligent Activity versus Premises Condition ...... 1168 D. Liability For Criminal Acts of Third Parties ....... 1170 III. TIME TO REPLACE COMMON LAW CATEGORIES WITH BROAD FORM NEGLIGENCE SUBMISSION.? .................. 1171 A. Resistance to Change ...................... 1172 B. Broad Form Submission of Premises Liability Suits ... 1172 C. How Drastic is Such a Change? .............. 1173 IV. CONCLUSION ............................. 1174 I. INTRODUCTION One of the most dynamic areas of Texas jurisprudence is premises liability. It is an area of the law where the tort reform battle has raged as exemplified by recent Texas Supreme Court opinions and the 1995 Tort Reform amendments.' Before proper analysis and preparation can begin in a premises liability suit, the practitioner must understand the possible jury issues that will be submitted by the court. These issues depend upon the duty of the owner or occupier of the premises, the classification of the plaintiff, and whether the claim is grounded upon a negligent activity, premises condition or stems from the foreseeability of wrongful acts on the premises. Recent Texas Supreme Court opinions, as well as the recent tort reform legislation, continue to indicate a more conservative and formalistic approach to the submission of a premises liability case. * Tab H. Keener, attorney, Law Offices of Dana L. Ryan; J.D. Mississippi College; B.A., Southern Methodist University (primary focus of practice is personal injury). 1. Act of May 8. 1995, 74th Leg., R.S., ch. 136, § 1, 1995 Tex. Gen. Laws 971, 971-975 (codified as an amendment to TEX. Civ. PRAC. & REM. CODE ANN. §§ 33.001-.004, 33.011-.017 (Vernon Supp. 1997), effective Sept. 1, 1995). 1161

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