City of Waco v. Kirwan

in which Justice HECHT, Justice O’NEILL, Justice WAINWRIGHT, Justice MEDINA, Justice JOHNSON, Justice WILLETT, and Justice GUZMAN joined as to Parts I-V, and in which Chief Justice JEFFERSON joined as to Part IV.

The recreational use statute, when applicable, “raises the burden of proof [in a premises liability case] by classifying the recreational user of [government]-owned property as a trespasser and requiring proof of gross negligence, malicious intent, or bad faith” on the part of the governmental unit. State v. Shumake, 199 S.W.3d 279, 281 (Tex.2006). But if the law imposes no duty upon…