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.