City of Dallas v. Thompson, 210 S.W.3d 601 (Tex. 2006). · Go Syfert
City of Dallas v. Thompson, 210 S.W.3d 601 (Tex. 2006). Cases Citing This Book View Copy Cite
182 citation events (182 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Cited for
At page 603 Actual knowledge required for premises liability64 citing cases“the actual knowledge required for liability is of the dangerous condition at the time of the accident, not merely of the possibility that a dangerous condition can develop over time.”19 citing courts quote it · 59 listed here
  • City of Hurst v. Rae Neel, No. 02-25-00635-CV (Apr. 23, 2026).published
    See id. 13 “Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge, which can be established by facts or inferences that a dangerous condition could develo…
  • Texas Dep't of Transp. v. Tanya Simpson Individually, & as a Rep. of the Est. of Floyd Simpson & as Next Friend of Jurnee Alexis Simpson, Amber Michele Simpson & Lauren Dior Simpson, No. 13-24-00122-CV (Feb. 19, 2026).published
    See Paper, 376 S.W.3d at 767 (emphasis added); Tex. Dep’t of Transp. v. 16 Padron, 591 S.W.3d 684 , 702 (Tex. App.—Texarkana 2019, pet. denied) (holding that reports of a “large number of accidents” resulting from vehicles “hitting a slick…
  • Mirian Reyes v. Fiesta Mart, L.L.C., No. 01-23-00526-CV (Tex. App.—Houston [1st Dist.] July 29, 2025).published
    City of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex. 2006).
  • Texas Dep't of Transp. v. Michael Bagg, No. 08-23-00148-CV (Tex. App.—El Paso Oct. 21, 2024).published
    See City of Denton v. Paper, 376 S.W.3d 762, 764 (Tex. 2012) (per curiam) (holding that a city’s knowledge that a repaired area in a street might sink again did not establish actual knowledge of a defect); City of Dallas v. Thompson, 210 S…
  • City of San Antonio v. Drana Burch, No. 05-24-00078-CV (Tex. App.—Dallas Oct. 3, 2024).published
    “Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge, which can be established by facts or inferences that a dangerous condition could develop over time…
  • City of Missouri City v. Allanias Hampton & Damita Hampton, Individually as Next Friend to Alaina Hampton, Minor, No. 14-23-00111-CV (Tex. App.—Houston [14th Dist.] July 23, 2024).published
    “Without evidence showing how long the [dangerous condition existed], ‘the proximity of the employees is no evidence of actual knowledge.’” See Sampson, 500 S.W.3d at 395 (quoting City of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex. 2006)…
  • Alonzo v. Cajun Operating, No. 23-40250 (5th Cir. Mar. 6, 2024).unpublished
    “The actual knowledge required for liability is of the dangerous condition at the time of the accident, not merely of the possibility that a dangerous condition can develop over time.” City of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex.…
  • City of Uvalde v. Alyssa Pargas, No. 04-23-00150-CV (Tex. App.—San Antonio Oct. 25, 2023).published
    See Stewart, 249 S.W.3d at 416 ; Thompson, 210 S.W.3d at 603-04.
  • Harris Cnty. v. Blasa Lopez, 665 S.W.3d 874 (Tex. App.—Houston [14th Dist.] 2023).published
    City of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex. 2001).
  • City of Groves v. Scott Lovelace, Individually, & as Next of Friend of Minor, C.L., No. 09-21-00281-CV, 2023 WL 2533188 (Tex. App.—Beaumont Mar. 16, 2023).published
    “Whether a condition is a special defect is a question of law.”28 If the defect is classified as a special defect, the duty the government owes to the user of its premises requires the government to use ordinary care to reduce or eliminate…
Show 49 more citing cases
At page 602 Determining actual knowledge of dangerous condition for liability12 citing cases9 listed here
At page 604 Showing actual knowledge of premises hazard5 citing casesHere, there is evidence that additional screws had been added to other coverplates, but there was no evidence that a coverplate without the additional screw was dangerous when properly tightened.1 citing court put it this way
  • Ray v. United States, No. 3:21-cv-00018 (N.D. Tex. Jan. 8, 2023).
    (Here, there is evidence that additional screws had been added to other coverplates, but there was no evidence that a coverplate without the additional screw was dangerous when properly tightened.)
  • Pay & Save, Inc. v. Roel Canales, 691 S.W.3d 499 (Tex. 2024).published
    City of Dallas v. Thompson, 210 S.W.3d 601, 604 (Tex. 2006).
  • Pay & Save, Inc. v. Roel Canales, 703 S.W.3d 1 (Tex. App.—San Antonio 2022).published 2 cites
    Moreover, “[e]vidence that an owner or occupier knew of a safer, feasible alternative design, without more, is not evidence that the owner knew or should have known that a condition on its premises created an unreasonable risk of harm.” Ci…
  • the Univ. of Texas at Austin v. John Sampson, 488 S.W.3d 332 (Tex. App.—Austin 2014).published 5 cites
    The element of actual knowledge “requires the landowner to know ‘that the dangerous condition existed at thé time of the accident; not merely’of the possibility that a dangerous condition' c[ould] develop over timé.’ ” Id: (quoting City of…
  • Reynaldo Ybarra v. the Cnty. of Hidalgo, 362 S.W.3d 129 (Tex. App.—San Antonio 2011).published 2 cites
    In City of Dallas v. Thompson, the evidence established the city knew a cover plate would come loose from the floor and that employees would tighten the plate when this happened. 210 S.W.3d 601, 603 (Tex.2006).
Retrieving the full opinion text from the archive…
CITY OF DALLAS, Petitioner,
v.
Margaret THOMPSON, Respondent
05-0787.
Texas Supreme Court.
Dec 1, 2006.
Published opinion
210 S.W.3d 601
2006 Tex. LEXIS 1195
2006 WL 3456598
■ Barbara E. Rosenberg, Assistant City Attorney, Johnanna Greiner, Dallas City Attorney’s Office, Dallas, for petitioner., Gary Johnson, Foreman, Boudreaux, Smith & Johnson, Dallas, for respondent.
Per Curiam.
Cited by 88 opinions  |  Published
PER CURIAM.

Respondent Margaret Thompson sued the City of Dallas, alleging that while walking through the lobby of Dallas Love Field airport she tripped on the lip of an improperly secured, metal, expansion-joint eoverplate protruding up from the floor and fell, fracturing her shoulder. The trial court sustained the City’s plea to the jurisdiction based on governmental immunity, concluding that there was no evidence the City actually knew of the alleged protruding eoverplate. The court of appeals reversed. 167 S.W.3d 571 (Tex.App.-Dallas 2005). We agree with the trial court.

The parties agree that the City is immune from suit unless there is evidence[*603] that it actually knew of the alleged protruding eoverplate. See Tex. Crv. FRAC. & Rem. Code § 101.021 (“A governmental unit in the state is liable for ... personal injury ... caused by a condition ... of ... real property if the governmental unit would, were it a private person, be hable to the claimant according to Texas law.”); id. § 101.022(a) (stating that absent an exception not applicable here, “if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property, unless the claimant pays for the use of the premises”); State Dep’t of Highways & Pub. Transp. v. Payne, 838 S.W.2d 235, 237 (Tex.1992) (stating that to establish liability for a premises defect, “a licensee must prove that: (1) a condition of the premises created an unreasonable risk of harm to the licensee; (2) the owner actually knew of the condition ...”); see also State v. Tennison, 509 S.W.2d 560, 562 (Tex.1974) (“Actual knowledge rather than constructive knowledge of the dangerous condition is required”).

The evidence was this: The lobby area in which Thompson fell was well-traveled, and passengers and City employees walked through the area daily, including the day of the fall. In the hours prior to Thompson’s fall, City employees had been in the area of the eoverplate and probably had walked over it, but no one reported or observed the eoverplate protruding from the floor. Accident logs reflected reports of tripping where Thompson did, but none for at least three years. The City knew that the eoverplate could become loose and raise suddenly or over time with ordinary wear and tear, and when it did, City employees would tighten it. After Thompson fell, the City added a screw to the end of the eoverplate where it was protruding.

Thompson argues that the fact that the eoverplate could loosen and protrude over time made the eoverplate itself, actually protruding or not, a dangerous condition, and the City’s knowledge of this periodic protrusion and the need for inspection and maintenance satisfied the requirement of actual knowledge. But we have held that the fact that materials deteriorate over time and may become dangerous does not itself create a dangerous condition, and the actual knowledge required for liability is of the dangerous condition at the time of the accident, not merely of the possibility that a dangerous condition can develop over time. CMH Homes, Inc. v. Daenen, 15 S.W.3d 97, 100-02 (Tex.2000) (holding that the defendant’s knowledge that its stair and platform units periodically became unstable was not evidence the units were unreasonably dangerous, nor evidence of actual or constructive knowledge that a unit had become dangerous when plaintiff was injured); see also State v. Gonzalez, 82 S.W.3d 322, 330 (Tex.2002) (holding that evidence that the State “knew the [traffic] signs had been repeatedly vandalized does not indicate, either directly or by reasonable inference, that [it] actually knew the signs were down before the accident occurred”).

Thompson argues that the City’s knowledge of past reports of tripping was sufficient. But the reports were all far too remote to show that the City knew of a dangerous condition at the time Thompson fell.

An expert witness for Thompson testified that the City must have known of the dangerous condition because its employees were in the vicinity and walking over the eoverplate in the hours prior to Thompson’s fall. But without evidence showing how long the alleged protrusion had existed, the proximity of the employees is no evidence of actual knowledge. Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812, 816 (Tex.2002) (“An employee’s prox[*604] imity to a hazard, with no evidence indicating how long the hazard was there, merely indicates that it was possible for the premises owner to discover the condition.... ”); Corbin v. Safeway Stores, Inc., 648 S.W.2d 292, 296 (Tex.1983) (holding that plaintiff failed to show actual knowledge when the evidence did not show the condition had existed “a sufficient time to impute knowledge” to the defendant).

Finally, the City’s use of an additional screw in the coverplate following Thompson’s injury is not any evidence of actual knowledge. We said in CMH Homes that “[ejvidence that an owner or occupier knew of a safer, feasible alternative design, without more, is not evidence that the owner knew or should have known that a condition on its premises created an unreasonable risk of harm.” 15 S.W.3d at 102. Here, there is evidence that additional screws had been added to other coverp-lates, but there was no evidence that a coverplate without the additional screw was dangerous when properly tightened.

Thompson failed to present any evidence of the City’s actual knowledge of the protruding coverplate. Accordingly, we grant the City’s petition for review and without hearing oral argument, Tex. R. App. P. 59.1, reverse the judgment of the court of appeals and affirm the judgment of the trial court.