City of Bellmead v. Torres

in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice O’NEILL, Justice JEFFERSON, Justice RODRIGUEZ, and Justice SCHNEIDER joined.

Texas’ Recreational Use Statute1 absolves property owners of liability for injuries to others using the property for recreation so long as the property owner does not engage in grossly negligent conduct or act with malicious intent or in bad faith.2 In this case, while taking a break after playing in a softball tournament at the Bellmead Softball Complex, Nanette Torres was injured when the swing she was sitting on broke. She sued the City of…