seriously and try to apply it as an element of the cause of action. .. . Using foreseeability in a flexible, case-by-case analysis creates uncertainty by giving courts the power and method to decide cases without external restraint”). As the California State Supreme Court on 77 S.E.2d 316 (2009); Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 519, 429 N.Y.S.2d 606 (1980) (applying section 344 and relying solely on prior similar incidents rather than place or character); Bray v. St. John Health Sys., Inc., 2008 OK 51, 187 P.3d 721, 723-25 (adopting the entirety of a section 344 comment f approach, taking into account prior similar incidents that had recently occurred on the property along with place and character); Trammel Crow Cent. Tex., Ltd. v. Gutierrez, 267 S.W.3d 9, 12 (Tex. 2008) (<HOLDING>); Gupton v. Quicke, 247 Va. 362, 364, 442
holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted holding that although the lower court had properly excluded evidence that the whole farm or a substantial portion of it could be subdivided in the near future there was sufficient evidence that the property was adaptable and needed or likely to be needed in the reasonably near future for home site development along the road internal quotation marks and citation omitted recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted holding that foreseeability is established through evidence ofspecific previous crimes on or near the premises  internal quotation marks omitted quoting timberwalk apts partners inc v cain 972 sw2d 749 756 tex 1988 holding that erroneous admission of evidence was harmless where it had no substantial and injurious effect or influence on the jury verdict judged in relation to the total evidence on the issue in question internal quotation marks omitted