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American Industries Life Insurance Co. v. Ruvalcaba

Court of Appeals of Texas

64 S.W.3d 126 (2001)

Relevant factsFree

Two-year-old Johnathan fell through an open handrail (which violated the building code) while descending a staircase at his father's workplace, suffering permanent brain damage; the trial court classified him as an invitee and awarded substantial damages against the building's owner, American Industries (defendant), despite finding no gross negligence.

IssueFree

Whether a licensee may recover under premises liability if the landowner did not act with gross negligence or have knowledge of a dangerous condition.

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