State v. Tennison

SHANNON, Justice.

I dissent.

Tex.Rev.Civ.Stat.Ann. art. 6252-19, § 18(b), provides, as to premise defects, that “. . . the unit of government shall owe to any claimant only the duty owed by private persons to a licensee on private property . . .” The question in the case is then, one of defining the duty owed by the licensor to a licensee.

*223The trial court concluded, and the majority of this Court has agreed, that the duty to warn a licensee of a condition on the premises arises if the . . licensee knows or has reason to know of the condition and should realize that it involves an unreasonable…