As the second largest state in the U.S., Texas has a diverse range of terrain making it a great state for recreationalists. However, in Texas, approximately 95% of all the land is privately owned and landowners are not required to allow others on their land. To encourage landowners to open up their property for the public’s recreational use, Texas lawmakers have passed a recreational use statute (RUS). Texas recreationalists should be aware of the state’s RUS, as it can limit an accident victim’s ability to recover for their injuries through a Texas premises liability lawsuit, even if their injuries were the result of a landowner’s negligence.
Texas Statutes Chapter 75 discusses limitations on a landowner’s liability. Collectively, these statutes constitute the Texas RUS. Specific to this discussion, sections 75.002 and 75.003 pertain to the private, non-agricultural land that is used for recreational purposes. The RUS defines recreational activity broadly, including hunting, fishing, swimming, boating, camping, hiking, exploring, bicycling, dog-walking, and “pleasure driving”, among other activities.
Under the Texas RUS, a landowner who gives permission for others to enter their property for recreational purposes does not assure that the property is safe and does not owe their guest any greater duty than they would owe to a trespasser. Similarly, the landowner cannot be held liable for any injuries that are caused by the guest while on their property.