Univ. of Tex.-Pan Am. v. Aguilar

In Univ. of Tex.-Pan Am. v. Aguilar, 251 S.W.3d 511 (Tex. 2008), the plaintiff tripped over a water hose that was lying across a sidewalk. Id. at 512. The Corpus Christi Court of Appeals held the University's safety manual, which discussed only indoor safety, created a fact issue as to whether the University had actual knowledge the water hose created an unreasonable risk of harm. Id. The supreme court reversed, explaining the safety manual did not expressly discuss outdoor safety, and because the manual did not specifically identify the risk complained of, it could not be used as evidence of actual knowledge. Id. at 514. The Court held there is not one particular test to determine actual knowledge of a defective condition, but courts may "consider whether the premises owner has received reports of prior injuries or reports of the potential danger presented by the condition." Id. at 513. However, the court did not hold that an absence of prior complaints or reports conclusively negates actual knowledge. See id.