The Art of Recreation – University Not Permitted to Assert Recreational Use Statute Protection Against Spectator Claim (TX)

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University of Texas at Arlington v. Sandra Williams (Texas)

The plaintiff and her husband attended their daughter’s soccer game played at the football stadium at the University of Texas at Arlington.  She leaned against a gate that separated the stands from the playing field, and the gate unexpectedly opened, causing her to fall five feel to the artificial turf below.  Plaintiff injured a rib and her left arm and sued the University for premises liability, alleging negligence and gross negligence.  As part of its responsive pleadings, the University filed a motion to dismiss claiming (among other things) liability protection under the Texas recreational use statute.

Texas’ recreational use statute (like many similar statutes in other jurisdictions) protects landowners who open property for recreational purposes, limiting their liability to the recreational user.  In such cases, the burden of proof is elevated, requiring either gross negligence or an intent to injure.  Ultimately, the Texas Supreme Court affirmed the decision of both the trial court and the court of appeals and determined that a spectator at a competitive sports event is not “recreation” under the statute such that the liability protection did not apply.

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