John Sampson v. the University of Texas at Austin

500 S.W.3d 380 · Texas Supreme Court · 2016

Facts

John Sampson, a law professor, tripped on an improperly secured extension cord on The University of Texas at Austin campus sidewalk, injuring his shoulder. The extension cord was powering lights for a tailgate party. Sampson sued UT, alleging waiver of sovereign immunity under the Texas Tort Claims Act, claiming his injury resulted from either a condition or use of tangible personal property or a premises defect.

Issue

Did Sampson's injury, caused by an unsecured extension cord strung across a sidewalk, constitute a claim for a condition or use of tangible personal property or a premises defect under the Texas Tort Claims Act? If it was a premises defect, did UT have actual knowledge of the dangerous condition to waive sovereign immunity?

Holding

The court held that Sampson's claim was properly characterized as a premises defect claim, not a tangible personal property claim. The court further held that there was no evidence that UT had actual knowledge of the tripping hazard created by the cord's position, thus sovereign immunity was not waived. The court affirmed the court of appeals' judgment dismissing Sampson's claim for lack of jurisdiction.

Rule

When an item of tangible personal property creates a dangerous condition on real property that results in a slip/trip-and-fall injury, the claim is properly characterized as a premises defect cause of action under the Texas Tort Claims Act. For a premises defect claim against a governmental unit, the plaintiff must prove the governmental unit had actual knowledge of the dangerous condition at the time of the accident; awareness of a potential problem or mere proximity of employees is insufficient.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.