City of Bellmead v. Torres

Under the Court’s interpretation today of our recreational use statute, Tex. Civ. *616PRAC. & Rem.Code §§ 75.001-004, the fact that someone is outside when he or she is injured is the sole fact triggering that statute’s limitation of liability on the part of the landowner. The Legislature did not, however, draft such a broad exception to the traditional duties of care owed entrants on land; instead it circumscribed the limitation on liability by, among other things, defining “recreation” with a detailed list of activities. Id. § 75.001(3). While that list is not exhaustive, it must have some…