licensee standard in Texas

2018“Under a licensee standard, a plaintiff must prove that the governmental unit had actual knowledge of a condition that created an unreasonable risk of harm, and also that the [plaintiff] did not have actual knowledge of that same condition.” Tex. Dep’t of Transp. v. York, 284 S.W.3d 844, 847 (Tex. 2009) (per curiam).

2018"Under a licensee standard, a plaintiff must prove that the governmental unit had actual knowledge of a condition that created an unreasonable risk of harm, and also that the [plaintiff] did not have actual knowledge of that same condition." Tex. Dep't of Transp. v. York , 284 S.W.3d 844 , 847 (Tex. 2009) (per curiam).

2016The duty owed to a licensee requires that “a landowner not injure a licensee by willful, wanton or grossly negligent conduct, and that the owner use ordinary care either to warn a licensee of, or to make reasonably safe, a dangerous condition of which the owner is aware and the licensee is not.” Payne, 838 S.W.2d at 237 (citing Tennison, 509 S.W.2d at 562 ); accord RESTATEMENT (SECOND ) OF TORTS § 342 (1965).

2016The duty owed to a licensee requires that “a landowner not injure a licensee by willful, wanton or grossly negligent conduct, and that the owner use ordinary care either to warn a licensee of, or to make reasonably safe, a dangerous condition of which the owner is aware and the licensee is not.” Payne, 838 S.W.2d at 237 (citing Tennison, 509 S.W.2d at 562 ); accord Restatement (Second) of Torts § 342 (1965).

2026See id. § 101.021(2); see also Sampson v. Univ. of Tex., 500 S.W.3d 380 , 385–86 (Tex. 2016) (discussing the “heightened standard for premises defects”).

2019See Harris County v. Eaton, 573 S.W.2d 177, 179 (Tex. 1978). 6 A landowner owes a duty not to “injure a licensee by willful, wanton or grossly negligent conduct, and that the owner use ordinary care either to warn a licensee of, or to make reasonably safe, a dangerous condition of which the owner is aware and the licensee is not.” Sampson v. University of Texas at Austin, 500 S.W.3d 380, 384-85 (Tex. 2016), quoting State Dep’t of Highways & Pub.

2019See Harris County v. Eaton, 573 S.W.2d 177, 179 (Tex. 1978). 6 A landowner owes a duty not to “injure a licensee by willful, wanton or grossly negligent conduct, and that the owner use ordinary care either to warn a licensee of, or to make reasonably safe, a dangerous condition of which the owner is aware and the licensee is not.” Sampson v. University of Texas at Austin, 500 S.W.3d 380, 384-85 (Tex. 2016), quoting State Dep’t of Highways & Pub.

2015Accordingly, UT-Austin’s immunity is not waived unless, before the accident occurred, it had “actual knowledge of an unreasonably dangerous condition.” City of Austin v. Leggett, 257 S.W.3d 456, 476 (Tex. App.—Austin 2008, pet. denied).

2014Code Ann. § 101.022 (West 2011) (providing that in a premises liability claim against a governmental unit, 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”); City of Dallas v. Patrick, 347 S.W.3d 452, 457 (Tex. App.—Dallas 2011, no pet.) (explaining that when a plaintiff paid for use of the premises, then under the statute, the governmental unit owes the duty owed to an invitee); see also Tex. Dep’t of Transp. v. York, 284 S.W.3d 844, 847 (Tex. 2009) (explaining that und

1996K & G Oil Tool, 314 S.W.2d at 790 (injunctive relief upheld after design of an oil field tool was obtained by a licensee in violation of an express agreement not to disassemble the tool); Hyde Corp., 314 S.W.2d at 770 (trade secrets, distinguished from patents, subject to protection under the equitable jurisdiction of state courts).

1995See, e.g., Haney v. Texas Real Estate Comm’n, 789 S.W.2d 304, 305 (Tex.App.-Houston [14th Dist.] 1990, writ denied) (real estate licensee appealed the order directing payment from the Fund).