Knorpp v. Hale
981 S.W.2d 469 · Court of Appeals of Texas · 1998
Facts
Todd Erwin was killed while cutting a dead pine tree at the Hales' house, where he was a frequent social guest and dating their daughter. The Hales planned a New Year's Eve bonfire and decided to cut the tree, which Erwin volunteered to do. The tree fell unexpectedly, killing him, and his mother sued, arguing he was an invitee, not a licensee. The trial court granted a directed verdict, classifying Erwin as a licensee and finding no negligence.
Issue
Did the trial court err in classifying Todd Erwin as a licensee rather than an invitee, and consequently, in granting a directed verdict against his mother's premises liability claim?
Holding
No, the trial court did not err. The court affirmed the directed verdict, holding that Erwin was a licensee as a matter of law, and the landowners were not negligent under the duty owed to a licensee.
Rule
In Texas, a social guest is classified as a licensee, even if invited, because the "mutual benefit" required for invitee status typically involves a business relationship. Landowners owe licensees a duty not to injure them through willful, wanton, or grossly negligent conduct, and to warn of dangerous conditions they are aware of and the licensee is not. A condition created by the licensee's own actions, especially when they are knowledgeable about the risk, does not impose a duty to warn on the landowner.
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