Fifth Circuit Asks Texas Court to Clarify Negligent Undertaking

The Fifth Circuit Tuesday certified a question to Texas’ highest court on whether a plaintiff can recover in the state on a negligent undertaking claim where the plaintiff couldn’t bring a premises liability case.

Judge Jennifer W. Elrod asked the Supreme Court of Texas to answer the question: “Can a landowner’s affirmative act create a duty to protect an invitee from dangers caused by naturally occurring conditions under a theory of negligent undertaking where the natural accumulation doctrine bars recovery under a theory of premises liability?”

The question arises from a lawsuit filed ...