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Click here for the full text of this decision FACTS:Brenda Gail Rape filed a premises liability action against M.O. Dental Lab, Charlie Smith, Gerald W. Carter, Michael K. Zuber, and Lora Zuber after she slipped and fell on the pavement outside the M.O. Dental Lab. Rape alleged that she parked her car along the side of the business, and as she was walking from her car toward the entrance of the building, she slipped and fell on a “slippery mud substance.” She claimed the substance had accumulated on the parking lot sidewalk. HOLDING:The court reverses the court of appeals’ judgment in part and remands this case to the trial court. The court agrees with the court of appeals that Youngstown Sheet & Tube Co. v. Penn, 363 S.W.2d 230 (Tex. 1962), controls this case and was not altered by Park Place Hospital v. Estate of Milo, 909 S.W.2d 508 (Tex. 1995), or Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001). The court concludes that the trial court’s order granting summary judgment is final for the purposes of this appeal. In a premises liability case, the duty owed to the plaintiff depends on the status of the plaintiff at the time of the incident. The parties here do not dispute that Rape was an invitee to the M.O. Dental Lab when the incident in question occurred. To prevail in a premises liability case, an invitee must plead and prove, among other elements, that a condition on the premises posed an unreasonable risk of harm to the invitee. Ordinary mud that accumulates naturally on an outdoor concrete slab without the assistance or involvement of unnatural contact is, in normal circumstances, nothing more than dirt in its natural state and, therefore, is not a condition posing an unreasonable risk of harm. Holding a landowner accountable for naturally accumulating mud that remains in its natural state would be a heavy burden because rain is beyond the control of landowners. Most invitees in Texas will encounter natural conditions involving ordinary mud regularly, and accidents involving naturally accumulating mud and dirt are bound to happen, regardless of the precautions taken by landowners. Generally, invitees like Rape are at least as aware as landowners of the existence of visible mud that has accumulated naturally outdoors and will often be in a better position to take immediate precautions against injury. Finally, following the rationale of Johnson County, to hold otherwise would make the landowner strictly liable for injuries resulting from ordinary mud or dirt in its natural state. The ordinary mud found on the concrete slab outside of the M.O. Dental Lab accumulated due to rain and remained in its natural state; thus, as a matter of law, it was not a condition that posed an unreasonable risk of harm to Rape necessary to sustain her premises liability action. OPINION:Per curiam.

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