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Decided February 10, 2000. Aplanados de mortero en muros de block, construccin de bases de. Muros de Block en oficinas administrativas, bodegas. Albailera interior general. Acabados Muros y cielos falsos, pintura, pisos, carpintera, herrera, cancelera, impermeabilizaciones.

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John, San Antonio, Richard P. Dubose, Houston, Michael E. Eady, Austin, Walter Clay Coke, Houston, for Petitioners.Kevin H. Luck, Bellaire, Michael W. Alexander, Austin, William H. Livingston Cobb, Douglas W.

Accordingly, we reverse the judgment of the court of appeals and render judgment for the premises owner.CMH Homes, Inc. We hold that there is no evidence that the steps posed an unreasonable risk of harm when they were installed, and there is no evidence that when the steps had become unstable, the premises owner had actual or constructive knowledge of that unreasonable risk of harm. The trial court rendered judgment for the plaintiff, and the court of appeals affirmed. The issue is whether there is some evidence that the premises owner knew or had constructive knowledge of this unreasonable risk of harm because (1) the owner knew that the steps would require repair and replacement over time, (2) the owner knew that in the past, the steps had been rendered unsafe when trucks backed into them, and (3) after the steps were replaced with metal ones, they have not become unstable.

His plan was to drop directly from the back of the truck onto the platform, which was about two and a half feet below the truck's bed. The unit was not secured to the mobile home but was placed flush against the entrance.Daenen explained that on the day he was injured, he had backed the bob-tail truck he was driving up to the entrance of the supply shed, covering the lower two or perhaps all three steps leading to the platform. Daenen testified that the platform and step unit consisted of a metal frame and metal braces with wooden treads. The shed was a converted mobile home, and its only entrance was accessed by a stand-alone unit that had three steps leading to a platform. The plaintiff in this case, Kirk Daenen, had delivered mobile home parts about twenty times in the past to the supply shed at Luv Homes.

Daenen felt a sharp pain in *99 his back, and he dropped the box he was carrying. However, when he stepped off the back of the truck carrying the second, the step and platform unit swayed from side to side. He had no trouble unloading the first box.

The jury found in his favor and awarded $853,278 in actual damages. At the time of trial, that same metal fixture had been in use for about three and a half years, had not become unstable, and had not needed replacement.Daenen subsequently sued CMH on a premises liability theory. Witnesses referred to the previous units as 'wooden.' It is undisputed however that after Daenen was injured, CMH installed a unit made entirely of metal. There was no evidence of how long the particular unit on which Daenen was injured had been in use, and there was no evidence that a truck had hit or damaged it.The evidence was not entirely clear about the materials out of which the step and platform units had been made before CMH installed the one on which Daenen was injured. From time to time, the steps were also hit by trucks and were replaced if they could not be repaired. There was evidence that over the course of twelve to fifteen months, the steps would become unstable due to their heavy use, and CMH would install a new unit.

Safeway Stores, Inc., 648 S.W.2d 292, 296 (Tex.1983), in which we held that there was some evidence of a condition that presented an unreasonable risk of harm. Daenen also points out that CMH knew that the unit could become unstable at any time if a truck hit and damaged it, and that the metal unit CMH has used since his injury has not become unstable after more than three years of use.Daenen contends that the step and platform unit is analogous to the grape display at issue in Corbin v. Daenen reasons that CMH knew that over time, the step and platform unit inevitably would become unstable and would have to be replaced.

Safeway, the premises owner, had directed each of its stores to keep large, non-slip mats in front of these displays because Safeway knew that if grapes fell on the floor, someone could slip and be injured. Corbin, 648 S.W.2d at 294. Kroger Co., 845 S.W.2d 262, 264 (Tex.1992) Restatement (Second) of Torts В§ 343 (1965).In Corbin, the plaintiff slipped and fell on a grape that was on the floor in front of a grape display. Lopez, 929 S.W.2d 1, 3 (Tex.1996) Keetch v. Gonzalez, 968 S.W.2d 934, 936 (Tex.1998) Motel 6 G.P., *100 Inc.

The 'aging and discoloration may just as likely have occurred before as after the grapes fell.' Id. We held that this was legally insufficient evidence 'to prove that the grapes had been on the floor a sufficient time to impute knowledge of their location to Safeway.' Id. He argued that Safeway had constructive knowledge of this condition because when he fell, other grapes lying around him were discolored and ruptured. The first was the presence on the floor of the specific grape on which Corbin fell.

Corbin testified that there was no mat in front of the display where he fell. Customers frequently knocked grapes off stems or dropped them, and the bin was a continual source of slippery material. The self-service grape bin at issue displayed green grapes, slanted towards a green linoleum tile floor, and was open with no covering. See id.Corbin's third theory was that the manner in which the grapes were displayed created an unreasonable risk of harm.

We disagreed, noting the lengths to which H.E.B. Displayed its grapes in a self-service bin that permitted shoppers to sample the fruit, there was an unreasonable risk that customers would slip on grapes that fell to the floor. In Resendez, the injured party contended that because H.E.B. Resendez, 988 S.W.2d 218(Tex.1999), we contrasted the facts presented in Corbin.

Therefore, CMH argues, there is no evidence that it had actual or constructive knowledge that the unit on which Daenen was injured would inevitably become unstable.Witnesses testified that the units CMH previously replaced when they became dangerous were 'wooden ones. CMH's first counter to this contention is that there is no evidence that the unit on which Daenen was injured was the same as the units that had become unstable in the past. At 219.Daenen contends that CMH's step and platform unit was no different from the grape display in Corbin. We held that 'the mere fact that a store has a customer sampling display cannot, without more, be evidence of a condition on the premises that poses an unreasonable risk of harm.' Id.