Brinson Ford, Inc. v. Alger, 228 S.W.3d 161 (Tex. 2007). · Go Syfert
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161 (Tex. 2007). Cases Citing This Book View Copy Cite
202 citation events (202 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 2007 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" James Pitts v. Winkler County, Texas (2×) also: Cited as authority (rule)
Tex. App. · 2011 · signal: but see · confidence high
But see Brinson Ford , 228 S.W.3d at 163 (holding that a ramp did not pose an unreasonable risk of harm as a matter of law because it not only met applicable safety standards but contained additional safety features, and there were no reports of injuries or complaints for the previous ten years).
discussed Cited "but see" Pitts v. WINKLER COUNTY (2×) also: Cited as authority (rule)
Tex. App. · 2011 · signal: but see · confidence high
But see Brinson Ford, 228 S.W.3d at 163 (holding that a ramp did not pose an unreasonable risk of harm as a matter of law because it not only met applicable safety standards but contained additional safety features, and there were no reports of injuries or complaints for the previous ten years).
discussed Cited "but see" James Pitts v. Winkler County, Texas (2×) also: Cited as authority (rule)
Tex. App. · 2011 · signal: but see · confidence high
But see Brinson Ford, 228 S.W.3d at 163 (holding that a ramp did not pose an unreasonable risk of harm as a matter of law because it not only met applicable safety standards but contained additional safety features, and there were no reports of injuries or complaints for the previous ten years).
discussed Cited as authority (verbatim quote) the City of San Antonio v. Elena Herrera
Tex. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
yellow stripping . . . is a common method used to indicate a change in elevation
discussed Cited as authority (verbatim quote) Charles Carey v. Hi-Lo Auto Supply, LP D/B/A O'Reilly Auto Parts and O'Reilly Automotive Stores, Inc.
Tex. App. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a condition is not unreasonably dangerous simply because it is not foolproof.
discussed Cited as authority (rule) Jacqueline Cruzco v. Wal-Mart Stores Texas, LLC (2×) also: Cited "see"
S.D. Tex. · 2026 · confidence medium
Christ, 664 S.W.3d at 87 (citing to United Supermarkets, LLC v. McIntire, 646 S.W.3d 800 , 803 (Tex. 2022); Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162-63 (Tex. 2007); Seideneck, 451 S.W.2d at 754-55 ).
discussed Cited as authority (rule) Harris County v. Cynthia McFarland
Tex. App. · 2025 · confidence medium
Barlow v. Buc-ee’s, Ltd., No. 01-20-00295-CV, 2021 WL 497236 , at *4 (Tex. App.—Houston [1st Dist.] Feb. 11, 2021, pet. denied) (mem. op.) (citing 8 Because the first two factors overlap, we consider them together. 17 Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007)).
discussed Cited as authority (rule) Meadows v. Costco Wholesale Corporation
S.D. Tex. · 2024 · confidence medium
Tex. Dec. 21, 2012) (plaintiff did not allege or show “that the pallet was defective or unusual”); see also, e.g., McIntire, 646 S.W.3d at 803 (nothing showed that the hazard in question was “unusual” compared to others of its kind); Brinson Ford v. Alger, 228 S.W.3d 161, 163 (Tex. 2007) (unrailed portion of ramp that was “less than the height of an average step” did not pose an unreasonable risk of harm); Seideneck v. Cal Bayreuther Assocs., 451 S.W.2d 752, 754 (Tex. 1970) (“There was neither an allegation nor is there evidence that the rug was defective in any manner.”).
cited Cited as authority (rule) City of San Antonio v. Drana Burch
Tex. App. · 2024 · confidence medium
See, e.g., Seideneck, 451 S.W.2d at 754 ; Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007); Grocery Co. v. Taylor, 222 S.W.3d 406, 408 (Tex. 2006); M.O.
discussed Cited as authority (rule) Pay and Save, Inc. v. Roel Canales
Tex. · 2024 · confidence medium
We have, however, consistently held that common or innocuous hazards are not unreasonably dangerous as a matter of law. 1 Under this doctrine of common conditions, the standalone fact that a condition has caused an 1 See, e.g., Christ v. Tex. Dep’t of Transp., 664 S.W.3d 82 , 85, 87, 90 (Tex. 2023) (concluding that the use of painted stripes and buttons instead of concrete barriers to separate travel lanes did not create an unreasonably dangerous condition as a matter of law); McIntire, 646 S.W.3d at 801-04 (concluding that a “profoundly ordinary” divot in a grocery store parking lot was…
discussed Cited as authority (rule) Vaculik v. Wal-Mart Stores Texas, LLC
S.D. Tex. · 2023 · confidence medium
See, e.g., United Supermarkets, LLC v. McIntire, 646 S.W.3d 800 , 803 (Tex. 2022) (a small divot in a parking lot was not an unreasonable risk of harm); Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007) (a functioning pedestrian ramp in compliance with relevant safety standards and which had not injured a customer in the decade prior to the plaintiff’s accident did not pose an unreasonable risk of harm); Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406, 408 (Tex. 2006) (the mere presence of soft drink dispenser does not create an unreasonable risk of harm).
examined Cited as authority (rule) Daniel K. Christ and Nicole D. Salinas v. Texas Department of Transportation (3×) also: Cited "see"
Tex. · 2023 · confidence medium
But there is no material difference as to the framing because “[a] condition is unreasonably dangerous if it presents an unreasonable risk of harm.” Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007).
discussed Cited as authority (rule) Ray v. United States
N.D. Tex. · 2023 · signal: cf. · confidence medium
In fact, the Texas Supreme Court has suggested the opposite, concluding that a high contrast paint “indicate[d] a change in elevation” even where that paint coated the “edges” of a four-inch-tall ramp along with “the parking space next to the ramp.”77 In short, a warning need not alert a licensee to the precise nature of the condition—it only must convey that caution is in order. 73 State v. Williams, 940 S.W.2d 583, 584 (Tex. 1996) (per curiam). 74 Slip, Trip, and Fall Prevention for Healthcare Workers, DEP’T OF HEALTH AND HUMAN SERVS., https://www.cdc.gov/niosh/docs/2011-123/…
cited Cited as authority (rule) Maryam Mohammadi v. Albertsons, LLC D/B/A Randall's Albertsons Companies, LLC D/B/A Randall's and Randall's Food Markets, Inc. D/B/A Randall's Randall's Food & Drugs L.P., D/B/A Randall's
Tex. App. · 2022 · confidence medium
“A condition is unreasonably dangerous if it presents an unreasonable risk of harm.” Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007).
discussed Cited as authority (rule) City of Gainesville v. Suzanne Sharp
Tex. App. · 2022 · confidence medium
While the question of whether a specific condition is unreasonably dangerous is ordinarily a fact question, some “particularly innocuous or commonplace hazards are not unreasonably dangerous as a matter of law.” United Supermarkets, LLC v. McIntire, 646 S.W.3d 800 , 802 (Tex. 2022); see also Scott & White Mem’l Hosp. v. Fair, 310 S.W.3d 411, 415 (Tex. 2010) (holding that a patch of ice on the road causing a patron to slip and fall was not unreasonably dangerous as a matter of law); Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007) (holding that a pedestrian ramp did not pose a…
examined Cited as authority (rule) Pay and Save, Inc. v. Roel Canales (4×) also: Cited "see"
Tex. App. · 2022 · confidence medium
An injured invitee who seeks to recover damages “must establish that the premises owner knew or should have known of a dangerous condition on the premises that presented an unreasonable risk of harm and that the condition proximately caused the plaintiff’s injuries.” Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007) (per curiam); accord CMH Homes, Inc. v. Daenen, 15 S.W.3d 97, 101 (Tex. 2000). -9- 04-20-00125-CV D.
discussed Cited as authority (rule) Sherie McIntyre v. United Supermarkets, LLC (2×) also: Cited "see, e.g."
Tex. App. · 2022 · confidence medium
See, e.g., Scott & White Mem’l Hosp. v. Fair, 310 S.W.3d 411, 415 (Tex. 2010) (holding that a patch of ice causing a patron to slip and fall was not unreasonably dangerous as a matter of law); Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007) (holding that a pedestrian ramp did not pose an unreasonable risk of harm as a matter of law); Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406, 408-09 (Tex. 2006) (holding that the wet floor in front of a self-serve soft-drink display was not unreasonably dangerous as a matter of law); M.O.
discussed Cited as authority (rule) United Supermarkets, Llc v. Sherie McIntire (2×) also: Cited "see, e.g."
Tex. · 2022 · confidence medium
See, e.g., Scott & White Mem’l Hosp. v. Fair, 310 S.W.3d 411, 415 (Tex. 2010) (holding that a patch of ice causing a patron to slip and fall was not unreasonably dangerous as a matter of law); Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007) (holding that a pedestrian ramp did not pose an unreasonable risk of harm as a matter of law); Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406, 408-09 (Tex. 2006) (holding that the wet floor in front of a self-serve soft-drink display was not unreasonably dangerous as a matter of law); M.O.
cited Cited as authority (rule) Sepulveda v. Skechers USA Retail, LLC
W.D. Tex. · 2021 · confidence medium
For example, in Brinson Ford v. Alger, the plaintiff “stepped off the unrailed portion of [a] ramp and fell.” 228 S.W.3d 161, 162 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Pina v. Texas Roadhouse Holdings LLC (2×)
S.D. Tex. · 2021 · confidence medium
“Therefore, a plaintiff ‘must establish that the premises owner knew or should have known of a dangerous condition on the premises that presented an unreasonable risk of harm.’” Ardelean, 838 F. App’x at 854 (quoting Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007)).
discussed Cited as authority (rule) Ardelean v. Walmart
5th Cir. · 2020 · confidence medium
Therefore, a plaintiff “must establish that the premises owner knew or should have known of a dangerous condition on the premises that presented an unreasonable risk of harm.” Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007) (per curiam); see also CMH Homes, Inc. v. Daenen, 15 S.W.3d 97, 99 (Tex. 2000).
cited Cited as authority (rule) Dana Daniels v. Allsup's Convenience Stores, Inc.
Tex. App. · 2020 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007).
discussed Cited as authority (rule) Texas Department of Transportation v. Leonor Padron, Individually and as Next Friend for A. L., a Minor, and as an Heir and as Surviving Spouse of Jose Lopez Garcia, and as Dependent Administrator for the Estate of Jose Lopez Garcia, Marisol Delgado Aguirre, Sylvia Reyna Ramirez as the Dependent Administrator for the Estate of Alfonso Lopez
Tex. App. · 2019 · confidence medium
“A condition is an unreasonably dangerous condition if it presents an unreasonable risk of harm.” Id. at *6 (citing Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007); Knorpp v. Hale, 981 S.W.2d 469, 474 (Tex. App.—Texarkana 1998, no pet.) (“A dangerous condition is one which presents a substantial risk of injury when the property is used with due care in a manner in which it is reasonably foreseeable that it will be used.”)).
cited Cited as authority (rule) Toby L. Furrh v. Nancy R. Nulisch
Tex. App. · 2019 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007); Wal–Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934, 936 (Tex. 1998).
discussed Cited as authority (rule) City of Killeen v. Mary Cheney, Surviving Spouse of Decedent Eric Cheney
Tex. App. · 2018 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007); see also Knorpp v. Hale, 981 S.W.2d 469, 474 (Tex. App.—Texarkana 1998, no pet.) (“A dangerous condition is one which presents a substantial risk of injury when the property is used with due care in a manner in which it is reasonably foreseeable that it will be used.” (citing Black’s Law Dictionary 394 (6th ed. 1990))).
discussed Cited as authority (rule) Samantha Huy v. Robert Trejo (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007).
cited Cited as authority (rule) Lopez v. Ensign U.S. Southern Drilling, LLC
Tex. App. · 2017 · confidence medium
Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007); Roye, 447 S.W.3d at 58 .
cited Cited as authority (rule) Kristin Lee v. K & N Management, Inc. D/B/A Rudy's Country Store and Bar-B-Q
Tex. App. · 2015 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Maria Resendiz v. Sellers Bros. Inc. (2×)
Tex. App. · 2015 · confidence medium
A condition is unreasonably dangerous if it presents an unreasonable risk of harm." Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162-63 (Tex. 2007) (internal citations omitted).
discussed Cited as authority (rule) Joyce Janette Riddle v. City of Abilene
Tex. App. · 2015 · confidence medium
Riddle did not present any evidence that someone had made the City aware that the flooring was rotten or improperly constructed. “[Cjourts generally consider whether the premises owner has received reports of prior injuries or reports of the potential danger presented by the condition.” Univ. of Tex.-Pan Am. v. Aguilar, 251 S.W.3d 511, 513 (Tex.2008) (per curiam) (citing Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex.2007)).
discussed Cited as authority (rule) the University of Texas at Austin v. William A. Bellinghausen, Jr.
Tex. App. · 2015 · confidence medium
See City of Corsicana v. Stewart, 249 S.W.3d 412, 413 (Tex. 2008) (per curiam) (to invoke legislative waiver of immunity, plaintiff must show actual knowledge of an unreasonably dangerous condition at the time of the accident); Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007) (per curiam) (“A condition is unreasonably dangerous if it presents an unreasonable risk of harm.”).
discussed Cited as authority (rule) the University of Texas at Austin v. William A. Bellinghausen, Jr. (2×) also: Cited "see, e.g."
Tex. App. · 2015 · confidence medium
“A condition is unreasonably dangerous if it presents an unreasonable risk of harm.” Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Bobby Duncan v. First Texas Homes and First Texas Homes, Inc. (2×) also: Cited "see, e.g."
Tex. App. · 2015 · confidence medium
Tex. S. Univ. v. Gilford, 277 S.W.3d 65, 70 (Tex.App.-Houston [1st Dist.] 2009, pet. denied) (citing Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex.2007)).
examined Cited as authority (rule) Gary Martin, Personal Representative of the Estate of Margie T. Martin v. Chick-Fil-A, Hwy 59 at Kirby Drive (8×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2014 · confidence medium
See Del Lago Partners, Inc. v. Smith, 307 S.W.3d 762, 767 (Tex. 2010); Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007) (per curiam); Pipkin, 383 S.W.3d at 670 .
examined Cited as authority (rule) Denise Zimmerman v. Dr. Leslie Farias, D.D.S., P.A. F/K/A Dr. Leslie Farias, D.D.S., P.C. and Leslie Farias, Individually (3×) also: Cited "see, e.g."
Tex. App. · 2013 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007).
cited Cited as authority (rule) Sarah Mangham v. YMCA of Austin, Texas-Hays Communities
Tex. App. · 2013 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex.2007).
cited Cited as authority (rule) Rita J. Patterson v. Landry's Seafood Inn & Oyster Bar-Kemah D/B/A Babins's Seafood House
Tex. App. · 2013 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007).
cited Cited as authority (rule) Ellen Sedita v. Royal Sweeping and Paving, LLC
Tex. App. · 2013 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007); Wal–Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934, 936 (Tex. 1998).
discussed Cited as authority (rule) Jimmy D. Brunson and Carla A. Brunson v. Christian Youth Foundation D/B/A Disciples Crossing Camp and Conference Center (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007).
cited Cited as authority (rule) Callahan, Daniel v. Vitesse Aviation Services, LLC
Tex. App. · 2013 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex.2007); Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934, 936 (Tex. 1998).
discussed Cited as authority (rule) Roy Pipkin of the Estate on Behalf of Bayon Shea Pipkin v. Kroger Texas LP (2×)
Tex. App. · 2012 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007) (per curiam). ―A condition poses an unreasonable risk of harm for premises-defect purposes when there is a ‗sufficient probability of a harmful event occurring that a reasonably prudent person would have foreseen it or some similar event as likely to happen.‘‖ Cnty. of Cameron v. Brown, 80 S.W.3d 549, 556 (Tex. 2002) (quoting Seideneck v. Cal Bayreuther Assocs., 451 S.W.2d 752, 754 (Tex. 1970)); see also Rosas v. Buddies Food Store, 518 S.W.2d 534, 537 (Tex. 1975) (―Whether a condition constitutes a danger is a function of …
discussed Cited as authority (rule) Dennis Davis v. Comal County Commissioner Court Danny Scheel Donna Eccleston Jay Milikin Gregory Parker and Jan Kennedy
Tex. App. · 2012 · confidence medium
A condition is unreasonably dangerous if it presents an unreasonable risk of harm.” Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 163 (Tex. 2007) (citing Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406, 408 (Tex. 2006)).
discussed Cited as authority (rule) Dennis Davis v. Comal County Commissioner Court Danny Scheel Donna Eccleston Jay Milikin Gregory Parker and Jan Kennedy
Tex. App. · 2012 · confidence medium
A condition is unreasonably dangerous if it presents an unreasonable risk of harm." Brinson Ford, Inc. v. Alger , 228 S.W.3d 161, 163 (Tex. 2007) (citing Brookshire Grocery Co. v. Taylor , 222 S.W.3d 406, 408 (Tex. 2006)).
cited Cited as authority (rule) Florence Norene Craig v. Beeville Family Practice, L.L.P. and Agarita Medical Clinic
Tex. App. · 2012 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex. 2007).
examined Cited as authority (rule) Farrar v. SABINE MANAGEMENT CORP. (4×)
Tex. App. · 2011 · confidence medium
Brinson Ford, Inc. v. Alger, 228 S.W.3d 161, 162 (Tex.2007).
discussed Cited as authority (rule) Thomas Farrar v. Sabine Management Corporation A//K/A Sabine Properties Management, Inc. Northwest Building, Ltd
Tex. App. · 2011 · signal: cf. · confidence medium
Cf. Brinson Ford, Inc. v. Alger , 228 S.W.3d 161, 162 (Tex. 2007) (per curiam) (plaintiff’s expert evaluated risk of harm arising from pedestrian ramp by reference to the Texas Accessibility Standards, http://www.tdlr.state.tx.us/AB/tas/abtas.htm, and the American Society for Testing and Materials’s Standard Practice for Safe Walking Surfaces ).
cited Cited as authority (rule) Thomas Farrar v. Sabine Management Corporation A//K/A Sabine Properties Management, Inc. Northwest Building, Ltd
Tex. App. · 2011 · confidence medium
Brinson Ford, Inc. v. Alger , 228 S.W.3d 161, 162 (Tex. 2007).
discussed Cited as authority (rule) Julia Knox v. Fiesta Mart, Inc
Tex. App. · 2011 · confidence medium
Tex. S. Univ. v. Gilford , 277 S.W.3d 65, 70 (Tex. App.—Houston [1st Dist.] 2009, pet. denied) (citing Brinson Ford, Inc. v. Alger , 228 S.W.3d 161, 163 (Tex. 2007) (per curiam)); see also Wal-Mart Stores, Inc. v. Chavez , 81 S.W.3d 862, 864 (Tex. App.—San Antonio 2002, no pet.) (“The unidentified customer informed [an employee] of the cooking oil spill, so there is no question that Wal-Mart had actual knowledge of the spill.”).
Retrieving the full opinion text from the archive…
BRINSON FORD, INC., Individually and D/B/A Brinson Ford Lincoln Mercury, Petitioner,
v.
Connie W. ALGER, Respondent
05-0722.
Texas Supreme Court.
Jun 15, 2007.
228 S.W.3d 161
Christopher J. Pruitt, John R. Lively Jr., Brown Pruitt Peterson & Wambs-ganss, P.C., Fort Worth, for Petitioner., Carl D. Tillery, Tillery & Tillery, Dallas, for Respondent.
Per Curiam.
Cited by 102 opinions  |  Published
PER CURIAM.

Connie Alger fell from a pedestrian ramp while visiting a car dealership and brought this premises liability action for the injuries she sustained. The trial court granted summary judgment in the premises owner’s favor without specifying the ground. A divided court of appeals reversed, holding that fact issues existed as to the premises owner’s actual or constructive knowledge of the condition, whether the condition posed an unreasonable risk of harm, and whether the premises owner failed to exercise reasonable care to reduce or eliminate the risk of harm. 169 S.W.3d 340. We hold that Alger presented no evidence of a premises condition that posed an unreasonable risk of harm, and reverse and render judgment in Brinson Ford’s favor.

[*162] Connie Alger went to Brinson Ford, Inc. to pick up Mends who were having work done on their car. Alger entered the dealership through a side entrance, but exited through the front door where a pedestrian ramp leads to the parking lot. Although there were handrails along most of the ramp as it sloped down to ground level, a small portion of the ramp extended beyond the handrails to the sidewalk. The highest point of this unrailed section was four inches above the sidewalk, and it was marked by yellow paint along the ramp’s edges and around the parking space next to the ramp. The ramp is the dealership’s main entrance, and Brinson Ford had no record that anyone had ever fallen from it in the nearly ten years between the business’s opening and Alger’s fall. Alger testified that when she reached the point where the handrails ended, she thought the ramp had ended too. When she turned to walk toward her car, Alger stepped off the unrailed portion of the ramp and fell.

Alger sued Brinson Ford alleging that the ramp’s configuration was a premises condition posing an unreasonable risk of harm, Brinson Ford knew or should have known of the danger, and Brinson Ford failed to exercise ordinary care to protect her from it. The dealership filed a motion for summary judgment under sections (c) and (i) of Rule 166a of the Texas Rules of Civil Procedure. The motion asserted a number of grounds, including that there was no evidence of a premises condition that presented an unreasonable risk of harm; alternatively, Brinson Ford contended the evidence established as a matter of law that the condition of the premises did not pose an unreasonable risk of harm. In response to the dealership’s motion, Alger submitted the affidavit of its safety engineering expert, Jack T. Made-ley. Madeley’s affidavit identifies the safety requirements of the Texas Accessibility Standards established by the Texas Department of Licensing and Regulation [1] and the Standard Practice for Safe Walking Surfaces [2] , and acknowledges that the ramp meets both sets of requirements. But Madeley opines that:

[t]he ramp in question is deceiving in appearance. The upper level of the ramp has railing down the sides. The lower part does not. This can give a visual cue indicating the ramp does not extend. The sides of the lower portion of the ramp where Ms. Alger fell was a varying slope along the side of the parking area. If the yellow stripping as seen in the photos was present at the time of the incident ... [i]t would likely lead one to believe that it was to mark the edge of parking spaces.

Madeley’s affidavit further concludes that the ramp was “unreasonably dangerous.” The court of appeals held that this statement was conclusory and thus no evidence of a premises defect. 169 S.W.3d at 344. Alger does not challenge that holding here, and we give no weight to Madeley’s legal conclusion.

The plaintiff in a premises liability case must establish that the premises owner knew or should have known of a dangerous condition on the premises that presented an unreasonable risk of harm and that the condition proximately caused the plaintiffs injuries. Seideneck v. Cal Bayreuther Assocs., 451 S.W.2d 752, 754 (Tex.1970). The duty a premises owner owes to its invitees is not that of an insurer. CMH Homes, Inc. v. Daenen, 15[*163] S.W.3d 97, 101 (Tex.2000). That is to say, a condition is not unreasonably dangerous simply because it is not foolproof. Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406, 410 (Tex.2006). A condition is unreasonably dangerous if it presents an unreasonable risk of harm. See Seideneck, 451 S.W.2d at 754.

We hold that, as a matter of law, the ramp at issue in this case did not pose an unreasonable risk of harm. The area of the ramp without handrails met applicable safety standards and was further outlined in yellow stripping that the dealership added, which is a common method used to indicate a change in elevation. The highest point of the downward-sloping unrailed portion of the ramp was four inches, less than the height of an average step. No other customer visiting the property over a ten-year period had ever been injured by the ramp, nor has the dealership received complaints about the ramp’s safety. Thus, the trial court properly granted summary judgment in the dealership’s favor, and the court of appeals erred in reversing the trial court’s judgment. Accordingly, we grant the petition for review and without hearing oral argument pursuant to Rule 59.1 of the Texas Rules of Appellate Procedure, we reverse the court of appeals’ judgment and render judgment for Brin-son Ford.

1

. Available at http:/ Avww.license.state.tx.us/ ab/tas/tassection04 — 02 to 04 — 09.pdf.

2

. American Society for Testing and Materials, Standard Practice for Safe Walking Surfaces, in the Annual Book of Astm Standards 2 (1996).