The Univ. of Texas at Austin v. Hayes, 327 S.W.3d 113 (Tex. 2010). · Go Syfert
The Univ. of Texas at Austin v. Hayes, 327 S.W.3d 113 (Tex. 2010). Cases Citing This Book View Copy Cite
430 citation events (430 in the last 25 years) across 11 distinct courts.
Strongest positive: Jason Kownslar v. Metropolitan Transit Authority of Harris County, Texas (texapp, 2023-01-26)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Jason Kownslar v. Metropolitan Transit Authority of Harris County, Texas (3×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
hayes did not take the normal course of travel. road users in the normal course of travel should turn back or take an alternate route when a barricade is erected to alert them of a closed roadway.
examined Cited as authority (verbatim quote) Wei Shao Heironimus, Derivatively on Behalf of Mid-American Supply Corp. v. Xiaosha Tian (2×)
Tex. App. · 2022 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
when a plea to the jurisdiction challenges the existence of jurisdictional facts, the trial court must review the relevant evidence to determine whether a fact issue exists.
examined Cited as authority (verbatim quote) the City of Stafford, Texas v. Joe Svadlenak (3×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2018 · quote attribution · 1 verbatim quote · confidence high
hayes's suggestion that the university could have done more to warn him is not direct evidence to show that the university had actual knowledge of a dangerous condition
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
the representative's testimony contemplates the hypothetical knowledge of a dangerous condition, not actual knowledge of a dangerous condition.
discussed Cited as authority (quoted) Daniel K. Christ and Nicole D. Salinas v. Texas Department of Transportation (2×) also: Cited as authority (rule)
Tex. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence low
if the evidence is undisputed or fails to raise a fact question, the trial court must rule on the plea as a matter of law.
discussed Cited as authority (quoted) Irma K. Ortega, as Next Friend of A.G.T., a Minor v. Phan-Tran Property Management, LLC, Minh Phan and Misty Tran
Tex. App. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence low
hypothetical knowledge" is not "actual knowledge
discussed Cited as authority (rule) The Board of Regents of the University of Texas System, the University of Texas System, and the University of Texas M.D. Anderson Cancer Center v. Gensetix, Inc.
txctapp15 · 2026 · confidence medium
Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 115 (Tex. 2010); Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692 , 694 n.3 (Tex. 2003) Because the assertion of immunity implicates the court’s jurisdiction, it is properly raised by a plea to the jurisdiction.
examined Cited as authority (rule) City of Hurst v. Rae Neel (7×) also: Cited "see", Cited "see, e.g."
txctapp2 · 2026 · confidence medium
Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010) (per curiam).
cited Cited as authority (rule) City of Houston v. Rusul Saad Abdul Wahhab
txctapp1 · 2026 · confidence medium
Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
examined Cited as authority (rule) Texas Department of Transportation v. Oscar Camarillo (3×) also: Cited "see"
txctapp9 · 2026 · confidence medium
“The class of special defects contemplated by the statute is narrow.” The Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
discussed Cited as authority (rule) City of Austin v. Adam Sahyouni
txctapp3 · 2026 · confidence medium
“If the evidence raises a fact question as to the court’s jurisdiction, then the trial court may not grant the plea.” Id. (citing University of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010)).
cited Cited as authority (rule) Texas Health and Human Services Commission v. Cristal Rojas
Tex. App. · 2025 · confidence medium
Maspero, 640 S.W.3d at 529 (citing Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010) (per curiam)).
cited Cited as authority (rule) The City of Houston v. Ciara Page, Individually and as Administrator of the Estate of Michael Wayne Petit
Tex. App. · 2025 · confidence medium
Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
discussed Cited as authority (rule) City of Laredo v. Ramiro Rodriguez (2×) also: Cited "see"
Tex. App. · 2025 · confidence medium
“Furthermore, the licensee must show that the owner actually knew of the ‘dangerous condition at the time of the accident, not merely of the possibility that a dangerous condition c[ould] develop over time.’” Id. (alteration in original) (quoting Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 117 (Tex. 2010) (per curiam)).
cited Cited as authority (rule) Slant Operating v. Octane Energy Operating
unknown court · 2025 · confidence medium
“If the evidence raises a fact question as to the court’s jurisdiction, then the trial court may not grant the plea.” Id. (citing Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010)).
discussed Cited as authority (rule) Texas Department of Transportation v. Russell Smithson
Tex. App. · 2025 · confidence medium
To prove actual knowledge, Smithson had to show that TxDOT actually knew of a “dangerous condition at the time of the accident.” See Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 117 (Tex. 2010) (per curiam).
cited Cited as authority (rule) Buford-Thompson Company, LLC D/B/A BTC v. Rankin Independent School District
Tex. App. · 2025 · confidence medium
Dismissal on a plea to the jurisdiction is improper where the pleadings and evidence generate a “fact question on jurisdiction.” Univ. of Texas at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
cited Cited as authority (rule) Houston First Corporation v. Jesse Valma
Tex. App. · 2025 · confidence medium
Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
discussed Cited as authority (rule) In Re Texas Mutual Insurance Company, Judy Bond, and Allstate County Mutual Insurance v. the State of Texas
Tex. App. · 2025 · confidence medium
If “the pleadings and evidence generate a ‘fact question on jurisdiction,’ dismissal on a plea to the jurisdiction is improper.” City of San Antonio v. Maspero, 640 S.W.3d 523 , 529 (Tex. 2022) (quoting Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010)).
cited Cited as authority (rule) The City of Austin v. Noel Powell
Tex. · 2024 · confidence medium
Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
cited Cited as authority (rule) Yolanda Hernandez Delgado v. Cameron County
Tex. App. · 2024 · confidence medium
If “a fact question on jurisdiction” exists, “the issue must be resolved by the trier of fact.” Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
discussed Cited as authority (rule) Bexar County Hospital District D/B/A University Health F/K/A University Health System v. Brandon Roberts
Tex. App. · 2024 · confidence medium
If “the pleadings and evidence generate a ‘fact question on jurisdiction,’ dismissal on a plea to the jurisdiction is improper.” Maspero, 640 S.W.3d at 529 (quoting Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010)). “‘[I]n determining whether a material fact issue exists, we must take as true all evidence favorable to the plaintiff, indulging every reasonable inference and resolving any doubts in the plaintiff’s favor.’” Pope, 674 S.W.3d at 281 (alteration in original) (quoting Alamo Heights Indep.
discussed Cited as authority (rule) Texas Department of Transportation and Vulcan Materials Company v. Kristina Smith, Individually and as Representative of the Estate of Jennipher Smith, and as Next Friend of N.J. and B.J.
Tex. App. · 2024 · confidence medium
Applicable Law and Standard of Review “Generally, the State of Texas and its agencies retain sovereign immunity from suit unless the Legislature clearly and unambiguously waives it.” Christ v. Tex. Dep’t of Transp., 664 S.W.3d 82 , 86 (Tex. 2023) (citing Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 115 (Tex. 2010) (per curiam)). “[S]overeign immunity implicates a trial court’s subject-matter jurisdiction . . . .” Id. (citing Sampson v. Univ. of Tex. at Austin, 500 S.W.3d 380, 384 (Tex. 2016)). “[S]ubject-matter jurisdiction is never presumed and cannot be waived . . . .” T…
cited Cited as authority (rule) City of Houston, Texas v. 4 Families of Hobby, LLC, 4 Families of Houston, LLC and Pappas Restaurants, Inc.
Tex. App. · 2024 · confidence medium
Maspero, 640 S.W.3d at 529 (citing Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010) (per curiam)); Miranda, 133 S.W.3d at 227–28.
cited Cited as authority (rule) City of Missouri City v. Allanias Hampton and Damita Hampton, Individually as Next Friend to Alaina Hampton, Minor
Tex. App. · 2024 · confidence medium
Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 115 (Tex. 2010).
cited Cited as authority (rule) City of San Antonio v. Fran Magri
Tex. App. · 2024 · confidence medium
Maspero, 640 S.W.3d at 529 (citing Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010) 4 (per curiam)).
cited Cited as authority (rule) The City of Corpus Christi, Texas v. Audrey Nickerson
Tex. App. · 2024 · confidence medium
Maspero, 640 S.W.3d at 529 (citing Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010) (per curiam)).
discussed Cited as authority (rule) City of Austin v. Caroline Nelson (2×)
Tex. App. · 2023 · confidence medium
University of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
cited Cited as authority (rule) Texas Department of Transportation v. David P. Sonefeld
Tex. App. · 2023 · confidence medium
Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 115 (Tex. 2010).
cited Cited as authority (rule) City of Valley Mills, Texas v. William Chrisman and Darrin Troxell
Tex. App. · 2023 · confidence medium
Maspero, 640 S.W.3d at 529 (citing Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010) (per curiam)).
examined Cited as authority (rule) Texas Department of Transportation v. Jimmie Lee Lofton (3×) also: Cited "see"
Tex. App. · 2023 · confidence medium
“The class of special defects contemplated by the statute is narrow.” The Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
discussed Cited as authority (rule) City of Laredo v. Fausto Torres
Tex. App. · 2023 · confidence medium
“Furthermore, the licensee must show that the owner actually knew of the ‘dangerous condition at the time of the accident, not merely of the possibility that a dangerous condition c[ould] develop over time.’” Id. (alteration in original) (quoting Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 117 (Tex. 2010) (per curiam)).
cited Cited as authority (rule) Patricia A. Erving v. United States Department of Housing and Urban Development, and Garland Housing Agency
Tex. App. · 2023 · confidence medium
McKenzie, 578 S.W.3d at 512 (quoting Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010) (per curiam)). –9– D.
discussed Cited as authority (rule) Texas Department of Transportation v. Blanca Toledo and Khaloud Mirza (2×) also: Cited "see, e.g."
Tex. App. · 2023 · confidence medium
The Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
discussed Cited as authority (rule) Calvin Blake v. Sybarite Pubs, LLC D/B/A Public House Heights
Tex. App. · 2023 · confidence medium
Actual knowledge requires the premises owner to know “that the dangerous condition existed at the time of the accident.” See Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 117 (Tex. 2010) (per curiam).
discussed Cited as authority (rule) Kristopher Lloyd Fraley v. Texas A&M University System
Tex. · 2023 · confidence medium
He instead relies on the University’s decision a month earlier to convert the intersection from a four-way intersection to a three-way intersection. 27 County of Harris v. Eaton, 573 S.W.2d 177, 179 (Tex. 1978). 28 Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010). 29 Denton County v. Beynon, 283 S.W.3d 329, 332 (Tex. 2009). 30 Id. 31 Tex. Dep’t of Transp. v. Perches, 388 S.W.3d 652, 656 (Tex. 2012). 32 While Fraley pleads that the entire intersection constitutes a special defect, the only portion of the intersection that is in the nature of an excavation or an obstruction …
discussed Cited as authority (rule) City of Groves v. Scott Lovelace, Individually, and as Next of Friend of Minor, C.L.
Tex. App. · 2023 · confidence medium
Code Ann. § 101.021(2). 21See id. §§ 101.022(a) (providing for governmental unit’s liability for premise defects), (b) (providing for governmental unit’s liability for special defects), .025 (waiving sovereign immunity to suit “to the extent of liability created by this chapter” and allowing person with claim under TTCA to sue governmental unit for damages); Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 115-16 (Tex. 2010) (per curiam). 14 defects the Act categorizes as “premise defect[s].”22 The legislature also waived governmental immunity for “special defects,” a subse…
cited Cited as authority (rule) Lewis v. City of Houston
S.D. Tex. · 2023 · confidence medium
The Univ. of Texas at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
discussed Cited as authority (rule) the City of Edinburg v. Maribel Reyna (2×) also: Cited "see"
Tex. App. · 2023 · confidence medium
Maspero, 640 S.W.3d at 529 (citing Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010) (per curiam)).
examined Cited as authority (rule) Jason Kownslar v. Metropolitan Transit Authority of Harris County, Texas (5×) also: Cited "see"
Tex. App. · 2023 · confidence medium
Code Ann. § 101.022 . 6 v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010).
cited Cited as authority (rule) City of Pharr, Texas v. David Bautista
Tex. App. · 2022 · confidence medium
Maspero, 640 S.W.3d at 529 (citing Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010) (per curiam)).
cited Cited as authority (rule) City of Gainesville v. Suzanne Sharp
Tex. App. · 2022 · confidence medium
See City of Denton v. Paper, 376 S.W.3d 762, 766 (Tex. 2012); Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 117 (Tex. 2010).
discussed Cited as authority (rule) City of Dallas v. Marco Antonio Monroy
Tex. App. · 2022 · confidence medium
The TTCA does not define “special defect,” but “likens it to conditions ‘such as excavations or obstructions on highways, roads, or streets.’” Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010) (per curiam) (quoting Texas Tort Claims Act § 101.022(b)).
cited Cited as authority (rule) Texas Municipal League Intergovernmental Risk Pool v. City of Hidalgo
Tex. App. · 2022 · confidence medium
Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010); see also Bland Indep.
discussed Cited as authority (rule) the City of Austin v. Noel Powell
Tex. App. · 2022 · confidence medium
“When the pleadings and evidence generate a ‘fact question on jurisdiction,’ dismissal on a plea to the jurisdiction is improper.” Id. at 529 (quoting University of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010)); see also Bland Indep.
discussed Cited as authority (rule) Jane Doe v. City of Fort Worth
Tex. App. · 2022 · signal: cf. · confidence medium
Cf. Sampson, 500 S.W.3d at 392–97 (discussing knowledge requirement and noting that “the owner [must] actually kn[o]w of the ‘dangerous condition at the time of the accident, not merely of the possibility that a dangerous condition c[ould] develop over time’” (quoting Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 117 (Tex. 2010))); Carter-Jones, 2018 WL 547588 , at *5–6 (similar, holding that the jurisdictional evidence did not create a fact issue regarding the governmental entity’s actual knowledge and dismissing plaintiff’s claims).
cited Cited as authority (rule) City of San Antonio v. Jimmy Maspero and Regina Maspero, Individually and as Next Friends of W.M., W.M., W.M., and W.M., Minor Children
Tex. · 2022 · confidence medium
Univ. of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010); see also Bland Indep.
discussed Cited as authority (rule) City of Austin v. Maria Furtado (2×) also: Cited "see"
Tex. App. · 2021 · confidence medium
The relevant statute does not define “special defect” but likens them to “conditions ‘such as excavations or obstructions on highways, roads, or streets.’” Texas Dep’t of Transp. v. Perches, 388 S.W.3d 652, 655 (Tex. 2012) (per curiam) (internal quotation omitted) (quoting University of Tex. at Austin v. Hayes, 327 S.W.3d 113, 116 (Tex. 2010) (per curiam)); see Tex. Civ.
Retrieving the full opinion text from the archive…
The UNIVERSITY OF TEXAS AT AUSTIN, Petitioner,
v.
Robert HAYES, Respondent
09-0300.
Texas Supreme Court.
Dec 3, 2010.
327 S.W.3d 113
2010 Tex. LEXIS 896
2010 WL 4923888
Michael P. Murphy, Asst. Solicitor General, Matthew Jason Warner, Asst. Attorney General, James C. Ho, Solicitor General of Texas, David S. Morales, Office of the Attorney General of Texas, Deputy First Assistant Attorney General, Clarence Andrew Weber, Kelly Hart & Hallman LLP, Attorney General Greg W. Abbott, Attorney General of Texas, Candice Nicole Hance, Texas Attorney General, Austin, TX, for Petitioner., Earl Landers Vickery, Law Office of Lanny Vickery, Austin, TX, for Respondent.
Per Curiam.
Cited by 160 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 76%
Citer courts: Texas Supreme Court (1) · Court of Appeals of Texas (1)
PER CURIAM.

In this premises-liability suit, the plaintiff claims that a metal chain blocking a driveway at the University of Texas at Austin (the University) caused him to have a bicycle accident and constituted a premises defect for which the Texas Tort Claims Act waives sovereign immunity. See Tex. Civ. PRAC. & Rem.Code § 101.022(a), (b). Because we conclude that the condition of the location was not a special defect as a matter of law and that the plaintiff failed to establish a premises-defect element, we reverse the court of appeals’ judgment and dismiss the case for lack of jurisdiction.

On September 12, 2003, the University began to close campus areas to configure parking for the next day’s football game. As part of its preparation, the University closed a service driveway that ran behind the Alumni Center and connected Winship Circle to Gregory Gymnasium. To prevent vehicle access on the service driveway, the University placed an eight-foot-wide orange and white barricade in front of a metal chain that stretched across the entrance.

Around 8:30 that evening, Robert Hayes rode his bicycle, with a headlamp and reflectors, onto the University campus. Hayes pedaled past a University security station, continued south on San Jacinto Boulevard, and then turned right into Win-ship Circle. He proceeded toward the service driveway and admits that he “saw a barricade placed in the middle of the road ... [and] without braking, without slowing down significantly, ... veered to the left-hand side of that barricade and then was stopped short by the chain.” He struck the chain and suffered injuries as a result.

Hayes sued the University, alleging the chain was a defect of which the University failed to warn. The University filed a plea to the jurisdiction, arguing that Hayes’s allegations failed to state claims that establish a waiver of sovereign immunity under the Texas Tort Claims Act. The trial court denied the University’s amended plea to the jurisdiction and granted Hayes’s motion for partial summary judgment, concluding the University’s sovereign immunity had been waived. The University filed an interlocutory appeal, id. § 51.014(a)(8), and a divided court of appeals affirmed. University of Texas at Austin v. Robert Hayes, 279 S.W.3d 877, 892 (Tex.App.-Austin 2009). We have jurisdiction over this interlocutory appeal because there is a dissent in the court of appeals. Tex. Gov’t Code § 22.225(c).

In general, the State of Texas retains sovereign immunity from suit, Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex.2004), and can only be sued if the Legislature waives immunity in “clear and unambiguous language,” Tex. Gov’t Code § 311.034. However, the Texas Tort Claims Act provides a limited immunity waiver for tort claims arising from[*116] either premises defects or special defects. Tex. Civ. Prac. & Rem.Code § 101.022(a), (b). The Act applies different standards of care depending upon whether the condition was a premises defect, id. § 101.022(a) (same duty as licensee), or a special defect, id. § 101.022(b) (same duty as invitee).

When a plea to the jurisdiction challenges the existence of jurisdictional facts, the trial court must review the relevant evidence to determine whether a fact issue exists. Miranda, 133 S.W.3d at 226. The plaintiff bears the burden to allege facts demonstrating jurisdiction, and we construe the pleadings liberally in the plaintiffs favor. Id. If the evidence raises a fact question on jurisdiction, the trial court cannot grant the plea, and the issue must be resolved by the trier of fact. Id. at 227-28. On the other hand, if the evidence is undisputed or fails to raise a fact question, the trial court must rule on the plea as a matter of law. Id. at 228.

We first examine whether the condition constituted a special defect. The Legislature does not define special defect but likens it to conditions “such as excavations or obstructions on highways, roads, or streets.” Tex. Civ. Pra C. & Rem.Code § 101.022(b); see also County of Harris v. Eaton, 573 S.W.2d 177, 178-80 (Tex.1978) (construing “special defect” as including those defects of the same kind or class as those expressly mentioned in the statute). In Denton County v. Beynon, we reaffirmed that conditions can be special defects “only if they pose a threat to the ordinary users of a particular roadway.” 283 S.W.3d 329, 331 (Tex.2009) (citing State Dep’t of Highways & Pub. Transp. v. Payne, 838 S.W.2d 235, 238 n. 3 (Tex.1992)). Whether a condition is a special defect is a question of law. City of El Paso v. Bernal, 986 S.W.2d 610, 611 (Tex.1999) (per curiam). In deciding this question, we have previously considered characteristics of the class of special defect, such as (1) the size of the condition, (2) whether the condition unexpectedly and physically impairs a vehicle’s ability to travel on the road, (3) whether the condition presents some unusual quality apart from the ordinary course of events, and (4) whether the condition presents an unexpected and unusual danger to the ordinary users of the roadway. See Tex. Dep’t of Transp. v. York, 284 S.W.3d 844, 847 (Tex.2009) (per curiam).

The class of special defects contemplated by the statute is narrow. For example, this Court has concluded that a condition was a special defect where a large, oval-shaped pothole covered ninety percent of the highway and measured six to ten inches' in depth like “a ditch across the highway.” See Eaton, 573 S.W.2d at 178-80. In that case, no signs or barricade warned of the ditch. See id. at 178. While something like “a ditch across the highway” is a special defect, we have also determined that a two-inch drop in the roadway is not. City of Dallas v. Reed, 258 S.W.3d 620, 623 (Tex.2008).

Our special-defect jurisprudence turns on the objective expectations of an “ordinary user” who follows the “normal course of travel.” Beynon, 283 S.W.3d at 332. In Beynon, the motorist struck a floodgate arm that was three feet off the roadway after the motorist lost control of his car. Id. at 330-31. We held that an “ordinary user” would not have left the roadway in this manner, and that the “normal course of travel” would be on the actual road. Id. at 332. Similarly, here, Hayes did not take the normal course of travel. Road users in the normal course of travel should turn back or take an alternate route when a barricade is erected to alert them of a closed roadway. This location — a chain across a barricaded and closed driveway— would not pose a threat to an ordinary[*117] user in the normal course of travel because an ordinary user would not have traveled beyond the barricade, as Hayes did. We therefore cannot place it within the “narrow” class of special defects. Id.; see also Payne, 838 S.W.2d at 239 n. 3.

Accordingly, because the chain across the University’s driveway was not a special defect, we hold that § 101.022(b) of the Texas Tort Claims Act does not waive the University’s immunity from suit. [1]

We must now decide whether the chain in this location is a premises defect. To establish a waiver of immunity for a premises-defect claim, the plaintiff must show that the landowner failed to either (1) use ordinary care to warn a licensee of a condition that presented an unreasonable risk of harm of which the landowner is actually aware and the licensee is not, or (2) make the condition reasonably safe. See County of Cameron v. Brown, 80 S.W.3d 549, 554-55 (Tex.2002).

To 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 of Dallas v. Thompson, 210 S.W.3d 601, 603 (Tex.2006) (per curiam)). Here, at the time of the accident, the University knew about — and indeed, had erected — the chain. But the University had also placed a large barricade in front of the chain in order to prevent road users from entering the driveway and ultimately encountering the chain. The fact that the University had placed a barricade to close the driveway negates arguments that the University had actual knowledge of a dangerous condition: the University had no reason to know that the chain was dangerous to a user of the road at the time of the accident because it had closed the roadway to road users.

But Hayes offered deposition testimony of a University parking representative who said “the chain is rarely up,” and he “would imagine that people on bicycles would go around the barricade.” In discussing the chain itself, the University parking representative said, “I believe if there were no warning that [the chain] was there, that it’s possible a bicycle would hit it without seeing it.” These statements, taken after the accident, merely suggest what one University employee “would imagine” about bicyclists approaching the barricade, or that it would be “possible” to hit the chain if there were “no warning.” But actual knowledge requires the landowner to know “that the dangerous condition existed at the time of the accident, not merely of the possibility that a dangerous condition c[ould] develop over time.” City of Corsicana, 249 S.W.3d at 414-15. The representative’s testimony contemplates the hypothetical knowledge of a dangerous condition, not actual knowledge of a dangerous condition.

The University parking representative also explained that the University would “typically” place orange cones on each side of the barricade, and it also possessed reflective tape and metal reflectors that it could affix directly to the chains. Hayes merely infers that the University had actual knowledge of a defect because it “typically” puts reflectors or cones near the barricade and chain. But Hayes’s suggestion that the University could have done more to warn him is not direct evidence to[*118] show that the University had actual knowledge of a dangerous condition.

Hayes also offered evidence that the responding police officer wrote: “[i]t should be noted that this officer observed that the lighting in this area is extremely poor making it difficult to see the chain.” Again, the police officer’s report, written after the incident, is not evidence of what the University knew at the time of the accident. See id., 249 S.W.3d at 415 (noting that a police officer’s report “describe[s] the City’s knowledge of the weather and road conditions after the accident occurred, not before”).

Additionally, Hayes failed to demonstrate that the University had ever received prior reports of injuries or accidents at this location. The absence of reports is just one factor to consider, but when determining whether a premises owner had actual knowledge of a dangerous condition, “courts generally consider whether the premises owner has received reports of prior injuries or reports of the potential danger represented by the condition.” Univ. of Tex.-Pan Am. v. Aguilar, 251 S.W.3d 511, 513 (Tex.2008) (per cu-riam). Because there is no evidence showing that the University had actual knowledge of a dangerous condition at the time of the accident, Hayes failed to establish a premises-defect claim. [2]

Accordingly, we grant the petition for review, and without hearing oral argument, Tex.R.App. P. 59. 1, we reverse the court of appeals’ judgment and dismiss the case for lack of jurisdiction.

1

. In the court of appeals, the University argued that the driveway was not a highway, road, or street under the special defects statute. The University does not raise this issue in this Court, and so we assume, without deciding, that the driveway was a highway, road, or street.

2

. The University also argues that (1) the University discharged any duty it could have owed Hayes because it warned of the chain, and (2) Hayes was a trespasser. Because we hold that the condition was not a special defect or premises defect on other grounds, we do not reach these issues.