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.”
- City of Hurst v. Rae Neel, No. 02-25-00635-CV (Apr. 23, 2026).publishedSee 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).publishedSee 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).publishedCity 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).publishedSee 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unpublished“The actual knowledge required for liability is of the dangerous condition at the time of the accident, not merely of the possibility that a dangerous condition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).publishedSee 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).publishedCity 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
- City of Madisonville v. Ivan Aristides Cruz Hernandez, Andrew Diaz, Individually & as Rep. of the Est. of Apolo Estrada Diaz, & Maria Diaz, as Rep. of the Est. of Apolo Estrada Diaz, No. 10-22-00151-CV (Tex. App.—Waco Dec. 7, 2022).publishedSee Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 117 (Tex. 2011) (per curiam) (citing City of Corsicana v. Stewart, 249 S.W.3d 412, 413-14 (Tex. 2008) (per curiam); City of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex. 2006) (per curi…
- Maryam Mohammadi v. Albertsons, LLC D/B/A Randall's Albertsons Companies, LLC D/B/A Randall's & Randall's Food Markets, Inc. D/B/A Randall's Randall's Food & Drugs L.P., D/B/A Randall's, 656 S.W.3d 851 (Tex. App.—Houston [14th Dist.] 2022).published In the premises liability context, the supreme court has more specifically explained that “[a]ctual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which c…
- City of Dallas v. Marco Antonio Monroy, No. 05-22-00012-CV, 2022 WL 4363836 (Tex. App.—Dallas Sept. 21, 2022).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…
- Mabry v. Wal-Mart Stores Texas, LLC, No. 4:21-cv-00482 (E.D. Tex. May 26, 2022).There is no evidence to support Wal-Mart had actual knowledge of the spilled liquid. “[T]he actual knowledge required for liability is of the dangerous condition at the time of the accident, not merely of the possibility that a dangerous c…
- Texas Dep't of Transp. v. Leonor Padron, Individually & as Next Friend for A. L., a Minor, & as an Heir & as Surviving Spouse of Jose Lopez Garcia, & as Dependent Adm'r for the Est. of Jose Lopez Garcia, Marisol Delgado Aguirre, Sylvia Reyna Ramirez as the Dependent Adm'r for the Est. of Alfonso Lopez, 591 S.W.3d 684 (Tex. App.—Texarkana 2019).publishedAlso, “the fact that materials deteriorate over time and may become dangerous does not itself create a dangerous condition.” City of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex. 2006). b.
- Toby L. Furrh v. Nancy R. Nulisch, No. 05-18-01372-CV (Tex. App.—Dallas Oct. 10, 2019).publishedCity of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex. 2006) (per curiam).
- Sandra Ledezma, Individually, & as Rep. of the Est. of Abdon Leyva v. Sean F. Turner, No. 01-18-00700-CV (Tex. App.—Houston [1st Dist.] Oct. 1, 2019).publishedThe “actual knowledge” required for premises 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,…
- the City of Dallas v. William Clinton Freeman, No. 05-18-00961-CV, 2019 WL 3214152 (Tex. App.—Dallas July 17, 2019).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…
- Julia Marshall Ans Dennis Marshall v. ESA Mgmt., LLC, No. 01-18-00403-CV (Tex. App.—Houston [1st Dist.] July 2, 2019).published The “actual knowledge” required for premises 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,…
- Linda Castro & Manuel Castro v. H.E.B. Grocery Co., L.P., D/B/A HEB, No. 14-18-00277-CV, 2019 WL 2518481 (Tex. App.—Houston [14th Dist.] June 18, 2019).publishedAs the Texas Supreme Court has recently reiterated, “without evidence showing how long the allegedly [dangerous condition] existed, ‘the proximity of the employees is no evidence of actual knowledge.’” Sampson, 500 S.W.3d at 395 (quoting C…
- the Cnty. of El Paso, Texas v. Janice Baker, 579 S.W.3d 686 (Tex. App.—El Paso 2019).published Therefore, we get to the heart of this case: Does Baker have any proof to overcome the County’s evidence that it had no actual notice of the claimed defect in elevator number six.3 To prove the actual-knowledge element, the licensee must s…
- Jimaree Parrish v. S.M.G., No. 01-16-00934-CV, 2017 WL 6043536 (Tex. App.—Houston [1st Dist.] Dec. 7, 2017).publishedThe “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…
- John Sampson v. the Univ. of Texas at Austin, 500 S.W.3d 380 (Tex. 2016).published In City of Dallas v. Thompson, we addressed the City’s actual knowledge regarding a premises defect claim under the Tort Claims Act. 210 S.W.3d 601, 603 (Tex. 2006) (per curiam).
- Joyce Janette Riddle v. City of Abilene, 478 S.W.3d 842 (Tex. App.—Eastland 2015).published City of Corsicana v. Stewart, 249 S.W.3d 412, 413-14 (Tex.2008) (citing City of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex. 2006)); see also Civ.
- City of Bastrop v. Chyanne M. Bryant, No. 03-14-00591-CV (Tex. App.—Austin Aug. 28, 2015).published Code § 101.021(2). 11 Id. § 101.022(a). 12 See, e.g., City of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex. 2006) (per curiam) (citing State Dep’t of Highways & Pub.
- the Univ. of Texas at Austin v. William A. Bellinghausen, Jr., No. 03-14-00749-CV (Tex. App.—Austin Mar. 19, 2015).published See Reyes v. City of Laredo, 335 S.W.3d 605, 609 (Tex. 2010) (per curiam) (“Awareness of a potential problem is not actual knowledge of an existing danger.”); City of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex. 2006) (per curiam) (“[T]he…
- the Univ. of Texas at Austin v. William A. Bellinghausen, Jr., No. 03-14-00749-CV (Tex. App.—Austin Mar. 4, 2015).published Henry’s “Clarification” Creates A Fact Issue ...............................................22 PRAYER ..................................................................................................................24 CERTIFICATE OF SERVI…
- the Univ. of Texas at Austin v. William A. Bellinghausen, Jr., No. 03-14-00749-CV (Tex. App.—Austin Feb. 12, 2015).publishedSee Reyes v. City of Laredo, 335 S.W.3d 605, 608-09 (Tex. 2010) (per curiam); City of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex. 2006) (per curiam).
- Roger Bufler & Sandy Bufler v. Texas Dep't of Transp., No. 03-14-00383-CV (Tex. App.—Austin Jan. 12, 2015).publishedSee Reyes v. City of Laredo, 335 S.W.3d 605, 608-09 (Tex. 2010) (plea to the jurisdiction sustained where governmental entity had no actual knowledge of flooded street); Uni. ofTex. at Austin v. Hayes, 327 S.W.3d 113, 117-18 (Tex. 2010) (p…
- the Univ. of Texas at Austin v. John Sampson, 488 S.W.3d 332 (Tex. App.—Austin 2014).published 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…
- Texas Dep't of Transp. v. Jacqueline Ingram, 412 S.W.3d 129 (Tex. App.—Texarkana 2013).publishedInstead, the focus of this case is whether Ingram successfully raised a fact issue of whether TxDOT possessed actual knowledge “ ‘at the time of the accident, not merely [knowledge] of the possibility that a dangerous condition c[ould] dev…
- Texas Dep't of Transp. v. Richard Zapf, Individually & as Pers. Rep. of the Est. of Hazel Marie Zapf, Gary Angelle, Lowell Angelle, Barbara Rogers & Patricia Tooley, No. 09-11-00446-CV (Tex. App.—Beaumont Jan. 17, 2013).publishedHowever, the Texas Supreme Court has distinguished between the requirements for constructive knowledge and actual knowledge in Tort Claims Act cases, stating that “the actual knowledge required for liability is of the dangerous condition a…
- Texas Dep't of Transp. v. Robyn Womac, No. 13-11-00460-CV (Tex. App.—Corpus Christi Oct. 11, 2012).publishedCity of Dallas v. Thompson, 210 S.W.3d 601, 602-03 (Tex. 2006) (per curiam). "[T]he 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…
- City of Denton v. Rachel Paper, 376 S.W.3d 762 (Tex. 2012).publishedThe City arguably knew that the repaired area of the street might sink again but “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 conditi…
- City of Wylie v. Taylor, 362 S.W.3d 855 (Tex. App.—Dallas 2012).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.…
- Reynaldo Ybarra v. the Cnty. of Hidalgo, 362 S.W.3d 129 (Tex. App.—San Antonio 2011).published 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).
- Taylor v. Louis, 349 S.W.3d 729 (Tex. App.—Houston [14th Dist.] 2011).published City of Dallas v. Thompson , 210 S.W.3d 601, 603 (Tex. 2006) (per curiam).
- City of Dallas v. Hughes, 344 S.W.3d 549 (Tex. App.—Dallas 2011).publishedAs emphasized by the Texas Supreme Court in Reyes , “[h]ad there been testimony that a 911 operator received a credible report at about the time of the accident that the crossing had actually flooded and was imperiling motorists, there wou…
- The Univ. of Texas at Austin v. Hayes, 327 S.W.3d 113 (Tex. 2010).publishedTo prove the actual-knowledge element, the licensee must show that the owner actually knew of a “dangerous condition at the time of the accident.” City of Corsicana v. Stewart, 249 S.W.3d 412, 413-14 (Tex.2008) (per curiam) (quoting City o…
- Reyes v. City of Laredo, 335 S.W.3d 605 (Tex. 2010).publishedThe City knew that the crossing had flooded before during heavy rains, but “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…
- City of Irving v. Seppy, 301 S.W.3d 435 (Tex. App.—Dallas 2009).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.…
- the Kroger Co. v. Betty Shaw & Robert Shaw, No. 01-07-00030-CV (Tex. App.—Houston [1st Dist.] Jan. 30, 2009).publishedCity of Corsicana v. Stewart , 249 S.W.3d 412, 414-15 (Tex. 2008) (citing City of Dallas v. Thompson , 210 S.W.3d 601, 603 (Tex. 2006)).
- City of San Antonio v. Texas Mut. Ins. Co. as Subrogee of Fernando Hernandez, No. 04-07-00837-CV (Tex. App.—San Antonio Jan. 14, 2009).published To establish a waiver of immunity in a ordinary premises defect case, “the plaintiff must show the governmental entity had actual knowledge ‘of the dangerous condition at the time of the accident, not merely of the possibility that a dange…
- City of Dallas v. Giraldo, 262 S.W.3d 864 (Tex. App.—Dallas 2008).publishedCity of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex.2006) (per curiam).
- City of Austin v. Leggett, 257 S.W.3d 456 (Tex. App.—Austin 2008).published
- City of Austin, Texas v. Trudy Leggett, Individually & as Heir of Nathan Leggett, No. 03-07-00345-CV (Tex. App.—Austin June 12, 2008).published
- Wyckoff v. George C. Fuller Contracting Co., 357 S.W.3d 157 (Tex. App.—Dallas 2011).published
- William Gilbert & Diana Gilbert v. Gilvin Terrill, Ltd., Saf. Signs, Ltd. & Saf. Signs Mgmt., LLC, Jeffrey Charles Doty, Individually & Covenant Transp., Inc., No. 07-07-00206-CV (Tex. App.—Amarillo June 12, 2008).published
- Harris Cnty. v. Hollie Gerber, No. 14-06-01096-CV (Tex. App.—Houston [14th Dist.] July 10, 2007).published
- Damon Chappell & Kimberly Chappell v. William Allen D/B/A Double A. Setters & Williams Scotsman, Inc., 414 S.W.3d 316 (Tex. App.—El Paso 2013).published
- City of Pearland v. Juan Contreras, No. 01-15-00345-CV (Tex. App.—Houston [1st Dist.] Jan. 28, 2016).published
- Sean Self v. West Cedar Creek Mun. Util. Dist., No. 12-20-00082-CV (Tex. App.—Tyler Jan. 6, 2021).published
- Crystal Gregg v. Walgreen Co., 625 S.W.3d 636 (Tex. App.—Houston [14th Dist.] 2021).published
- Jefferson Cnty. v. Akins, 487 S.W.3d 216 (Tex. Crim. App. 2016).published
- City of Brownsville v. Lili Nezzer, No. 13-21-00150-CV (Tex. App.—Corpus Christi–Edinburg June 23, 2022).published
- City of Houston v. Maria Cardenas, No. 14-21-00732-CV (Tex. App.—Houston [14th Dist.] Apr. 6, 2023).published
- City of Fredericksburg v. Susanna Boyer, 697 S.W.3d 352 (Tex. App.—El Paso 2024).published
- City of Laredo v. Ramiro Rodriguez, No. 04-24-00493-CV (Tex. App.—San Antonio June 11, 2025).published
- Harris Cnty. v. Cynthia McFarland, No. 01-24-00331-CV, 2025 WL 51847 (Tex. App.—Houston [1st Dist.] Jan. 9, 2025).published
At page 602 Determining actual knowledge of dangerous condition for liability12 citing cases
- City of Dallas v. Marco Antonio Monroy, No. 05-22-00012-CV, 2022 WL 4363836 (Tex. App.—Dallas Sept. 21, 2022).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…
- Bd. of Regents, Texas State Univ. Sys., & Texas State Univ.-San Marcos v. Stephanie Paige Steinbach, No. 03-14-00326-CV (Tex. App.—Austin Feb. 9, 2015).publishedCity of Dallas v. Thompson, 210 S.W.3d 601, 602 (Tex. 2006) (per curiam).
- Texas Dep't of Transp. v. Robyn Womac, No. 13-11-00460-CV (Tex. App.—Corpus Christi Oct. 11, 2012).publishedCity of Dallas v. Thompson, 210 S.W.3d 601, 602-03 (Tex. 2006) (per curiam). "[T]he 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…
- City of Austin v. Leggett, 257 S.W.3d 456 (Tex. App.—Austin 2008).published
- Steven Biermeret v. Univ. of Texas Sys., No. 02-06-00240-CV (Tex. App.—Fort Worth Aug. 9, 2007).published
- City of Austin, Texas v. Trudy Leggett, Individually & as Heir of Nathan Leggett, No. 03-07-00345-CV (Tex. App.—Austin June 12, 2008).published
- City of Haltom City v. Brian Aurell, Individually & as Next Friend of Ranger Hunter Aurell, a Minor Jacki Chantell Sexton-Aurell, Individually Aaron Collins, Individually & as Rep. of the Est. of Alexanderia Collins & Natasha Collins, Individually, No. 02-11-00197-CV (Tex. App.—Fort Worth Aug. 23, 2012).published
- City of Haltom City v. Aurell, 380 S.W.3d 839 (Tex. App.—Fort Worth 2012).published
- the City of Houston v. David Gilbert, Marina Charles, as Next Friend of E.L., a Minor Child, Christian Coleman, Individually & as Next Friend of M.R. & T.R., Minor Child., & Bobby Ray, as Next Friend of M.R. & T.R., Minor Child., 656 S.W.3d 603 (Tex. App.—Houston [14th Dist.] 2022).published
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.
- 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).publishedCity 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 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 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 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).
v.
Margaret THOMPSON, Respondent
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.