Texas Civil Practice and Remedies Code

§ 75.007 — TRESPASSERS

CP § 75.007Title 4. LIABILITY IN TORT · Ch. 75. LIMITATION OF LANDOWNERS' LIABILITY

Statute text

(a)In this section, "trespasser" means a person who enters the land of another without any legal right, express or implied.

(b)An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land, except that an owner, lessee, or occupant owes a duty to refrain from injuring a trespasser wilfully, wantonly, or through gross negligence.

(c)Notwithstanding Subsection (b), an owner, lessee, or occupant of land may be liable for injury to a child caused by a highly dangerous artificial condition on the land if:

(1)the place where the artificial condition exists is one upon which the owner, lessee, or occupant knew or reasonably should have known that children were likely to trespass;

(2)the artificial condition is one that the owner, lessee, or occupant knew or reasonably should have known existed, and that the owner, lessee, or occupant realized or should have realized involved an unreasonable risk of death or serious bodily harm to such children;

(3)the injured child, because of the child's youth, did not discover the condition or realize the risk involved in intermeddling with the condition or coming within the area made dangerous by the condition;

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Legislative history

Acts 2017, 85th Leg., R.S., Ch. 815 (H.B. 931), Sec. 1, eff. September 1, 2017.