Is Landowner Responsible to ''Rain Turns the Ground Into Mud Accidents'' ?
In Brownsville Navigation Dist. v. Izaguirre, 829 S.W.2d 159 (Tex. 1952) the court held defendants were not liable where the dangerous condition relied on was the ground where the accident occurred because it had turned to mud when it rained. Izaguirre, 829 S.W.2d at 160.
The court held plain dirt that ordinarily becomes soft and muddy when wet is not a dangerous condition of property for which a landlord might be liable. Id.
There may be liability, however, where an invitee falls on rainwater that has been tracked onto the premises. See:
Rosas v. Buddies Food Store, 518 S.W.2d 534, 538 (Tex. 1975);
Sifford v. Santa Rosa Medical Center, 524 S.W.2d 559, 562 (Tex. Civ. App.--San Antonio 1975, no writ);
Dawes v. J. C. Penney & Co., Inc., 236 S.W.2d 624, 628-29 (Tex. Civ. App.--Waco 1951, writ ref'd n.r.e.).