City of Waco v. Kirwan

JUSTICE GREEN delivered the opinion of the Court, 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 the landowner with respect to the allegedly dangerous condition, then this burden of proof does not come into play. In this case, we consider whether a landowner owes a duty, under the recreational use statute, to recreational users to warn or protect recreational users against the danger of a naturally occurring condition or otherwise refrain from gross negligence with respect to the condition. We hold, consistent with the purpose of the statute, that a landowner generally owes no such duty, and therefore reverse the court of appeals’ judgment and dismiss the case with prejudice.