[Download] "Cmh Homes" by In the Court of Appeals Fifth District of Texas at Dallas ~ Book PDF Kindle ePub Free

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eBook details

• Title: Cmh Homes
• Author : In the Court of Appeals Fifth District of Texas at Dallas
• Release Date : January 10, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

In this premises liability case, the plaintiff injured his back when he stepped onto unstable steps while carrying a heavy load. The issue is whether there is some evidence that the premises owner knew or had constructive knowledge of this unreasonable risk of harm because (1) the owner knew that the steps would require repair and replacement over time, (2) the owner knew that in the past, the steps had been rendered unsafe when trucks backed into them, and (3) after the steps were replaced with metal ones, they have not become unstable. The trial court rendered judgment for the plaintiff, and the court of appeals affirmed. We hold that there is no evidence that the steps posed an unreasonable risk of harm when they were installed, and there is no evidence that when the steps had become unstable, the premises owner had actual or constructive knowledge of that unreasonable risk of harm. Accordingly, we reverse the judgment of the court of appeals and render judgment for the premises owner.

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