Legal Question in Real Estate Law in Texas
Help with Real Estate Question for school.
You personally own a shopping mall. You are a sole proprietor. Though your mall is a large, privately-owned commercial establishment, many local residents come to the mall for non-commercial purposes. For instance, many young adults come to meet with their friends and �hang out.� Likewise, many senior citizens have formed �mall walker� groups, and they come to your mall to walk for exercise in a safe place. Of course, many customers come to your mall for commercial purposes, but the groups of non-shoppers have been on your mind lately.
1. What are your legal duties to these non-shoppers? Explain.
2. Should you prohibit non-shoppers from entering your premise? Why or why not? Discuss any ethical issues relevant to your decision.
Imagine that your cleaning crew employees don�t do a very good job in waxing the mall�s floors one night. In fact, they leave great amounts of invisible but very slick wax on the floors. When the mall walkers arrive to walk the mall for exercise the next morning, several of them slip and fall and are seriously injured.
3. Are you liable? Why or why not? Is the law fair to all parties involved with respect to potential liability in this situation?
1 Answer from Attorneys
Re: Help with Real Estate Question for school.
Go to other malls and talk to the security people. Hanging out is loitering and there should be local laws to help you. There are several standards of duties to trespassers, licensees, and invitees and much case law on the subject. You should have an attorney to clairify these issues.
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