Peterson

A recent ruling from the Texas Supreme Court reinforces a demanding evidentiary standard in premises liability cases and reminds plaintiffs that circumstantial evidence of a hazard’s cause is not the same as evidence of its duration. In H-E-B, LP v. Marissa Peterson, the Texas Supreme Court held that plaintiffs who bring premises liability claims based  on constructive knowledge must produce “evidence that the condition existed for a sufficient duration before the time and place of the injury for a premises owner to have discovered it.”1