Defendant's Attorney: Dallas, Texas Insurance defense lawyers represented the Defendant.

Description: Dallas, Texas personal injury lawyer represented the Plaintiff who sued the Defendant on a premises iiability negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

This case was filed in the 40th Judicial District, Ellis County, Texas, 112107, and was removed to federal court by the Defendants.

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

Outcome: The court denies Defendant Walmart Stores Texas LLC's 10 Motion for Leave to File Second Amended Notice of Removal and remands this action to the 40th Judicial District Court, Ellis County, Texas, from which it was removed for lack of subject matter jurisdiction. The court strikes 11 Amended Notice of Removal and 12 Consent for the Removal. (Ordered by Judge Sam A. Lindsay on 12/14/2023) (Attachments: # 1 Remand Letter) (cfk) (Entered: 12/15/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: