Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

October Showers Bring … Mud Problems?

By Fox Rothschild LLP on October 24, 2016
Email this postTweet this postLike this postShare this post on LinkedIn

While perhaps fun for kids, unusually heavy rain can cause problems for commercial property landlords, including flooding, mudslides, and mud buildup.

Copyright: chepko / 123RF Stock Photo
Copyright: chepko / 123RF Stock Photo

According to visitdallas.com, October ties with April for the second wettest month in Dallas (not surprisingly, May is first). October averages 3.5 inches of rain for the month, which means that Dallas usually gets more rain in October than Seattle, Washington (3.27 inches according to usclimatedata.com).

Under Texas law, premises operators owe a duty to keep their premises safe for business invitees against conditions on the property that pose an unreasonable risk of harm. This duty owed by premises operators, however, does not render the operator an insurer of the invitee’s safety.  According to the Texas Supreme Court, ordinary mud or dirt in its natural state can and often does form a condition posing a risk of harm, but not an “unreasonable” risk of harm. In other words, mud that accumulates naturally on an outdoor concrete slab, without the assistance or involvement of unnatural contact, is nothing more than dirt in its natural state and is not a condition posing an unreasonable risk of harm.

Copyright: Cole123RF / 123RF Stock Photo
Copyright: Cole123RF / 123RF Stock Photo

Plain dirt which ordinarily becomes soft and muddy when wet, or mud that accumulates due to rain and remains in its natural state, are not dangerous conditions of property for which a landlord may be liable.

One word of caution, however: if a premises operator undertakes to remove the mud, it must do so reasonably, and take care to avoid creating a dangerous condition during the removal.

  • Posted in:
    Real Estate & Construction
  • Blog:
    Lone Star Bench & Bar
  • Organization:
    Fox Rothschild LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo