City of Dallas v. Mitchell

The only issue in this case is whether the recreational use statute in Tex.Civ.Prac. & Rem.Code AnN. § 76.002 applies to governmental entities. For the reasons stated below, we hold that it does not.

The Mitchells brought suit against the City of Dallas for injuries suffered by their minor son, Ashley Harris, when he fell from his bicycle into a creek bed in a public park owned and maintained by the City. The accident occurred at a location in the park where there is a 15 to 25 foot drop-off along the creek. The drop-off is created by a gabion wall constructed by the City for erosion control.…