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← 940 S.W.2d 583 - State v. Williams

State v. Williams’s Empirical Analysis

1996

Citation profile

43
cited by 43 later decisions
1
states following
April 2019
most recently cited

43 state decisions

How this case has been cited

Cited by 43 later decisions — most recently April 2019 · most notably Del Lago Partners, Inc. v. Smith (2010), Wal-Mart Stores, Inc. v. Miller (2003)

43 state decisions

160199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Appellate journey

reviewedthe decision below (from Texas Court of Appeals, 12th District (Tyler))

Relationships

Relies on Allen v. United States · State Department of Highways & Public Transportation v. Payne · State v. Williams · Bewley v. Texas Employers Insurance Ass'n · Smith v. State

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “a. the condition posed an unreasonable risk of harm; b. defendant knew or reasonably should have known of the danger; and c. defendant failed to exercise ordinary care to protect plaintiff from danger, by both failing to adequately warn plaintiff of the condition and faffing to make that condition reasonably safe.”
    7 later decisions quote this exact passage · from the majority
  2. “The State argues that it had a duty to warn or make safe, but not both. In other words, the State argues that it was not negligent unless it neither adequately warned Williams nor made the condition reasonably safe. Stated differently still, the State argues that it was not negligent unless it both failed to adequately warn Williams and failed to make the condition reasonably safe.... We agree with the State.... In State Department of Highways & Public Transportation v. Payne, 838 S.W.2d 235, 237 (Tex.1992), we held that to establish the liability of a premises owner, a plaintiff must prove that “the owner failed to exercise ordinary care to protect the [licensee or invitee] from danger.” The owner can provide the required protection by either warning the plaintiff or making the premises reasonably safe. This statement of the duty eliminates the confusion caused by PJC 66.05.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.