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 or that the Hales were negligent. The trial court granted a directed verdict, classifying Erwin as a licensee.
Issue
Did the trial court err by classifying Todd Erwin as a licensee rather than an invitee, given he was cutting a tree for a planned bonfire, and by granting a directed verdict against his mother's premises liability claim?
Holding
No, the trial court did not err. Todd Erwin was a licensee as a social guest, and there was no evidence of a business relationship or mutual benefit to elevate his status to an invitee. Furthermore, the landowners were not negligent under the duty owed to a licensee, as the danger was created by Erwin and he was aware of the risks.
Rule
In Texas, a social guest is classified as a licensee, not an invitee, even if invited onto the property, because their presence is a personal favor, not for a purpose directly or indirectly connected with business dealings or mutual economic benefit. A landowner's duty to a licensee is to not injure them by willful, wanton, or grossly negligent conduct, and to warn of dangerous conditions the owner knows about and the licensee does not.
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