09:30
@WeatherVane Actually, that IS the argument you made: she had a driver. The driver was to a good part responsible for her to be on the premises in the first place, in fact, he might be more responsible than the company! If you haven't figured it out by now: Texas uses a modified comparative negligence standard - if you are responsible for 51%, you get nothing. If you are responsible for up to 50%, you get the percentage from people in how much they are responsible.
In your example of a blind person, the blind only might have some small percentage for the high heels, but the driver might carry most of the fault for the accident for not heeding the no-trespass signs.
The standard that the plaintiff needs to beat is: To prove you were injured as a result of gross negligence, you must demonstrate that the property owner knew the individual was trespassing, knew there was a high risk of injury on the property, and simply didn’t care to inform the individual of the high risk of injury, and the trespasser was seriously injured as a result.
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