University of Texas at Arlington v. Sandra Williams and Steve Williams

in which Chief Justice Hecht, Justice Green, and Justice Lehrmann joined.

The recreational use statute provides limited protection to landowners and occupants who open their property for public recreational purposes. See Tex. Civ. Prac. & Rem. Code §§ 75.001.007 (the recreational use statute). When applicable, the statute effectively immunizes the landowner or occupant from ordinary negligence claims associated with the property’s recreational use by requiring the plaintiff to establish gross negligence. See id. § 75.002(c)-(d), (f). The statute, however, only applies to certain recreational…