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Recreational Use Statute
Agricultural Land :: Recreational Use :: Invited/Permitted Unreasonable Risk of Harm :: Injury
A premises liability claim is type of ordinary negligence claim brought by someone who claims to have been injured due to the condition on a property.
If you have been injured due to the ordinary negligence of another person or institution you deserve full compensation for the resulting injury and other expenses that you may be entitled to as a result of your premises liability claim.
Recreational Use Statute
In Texas, the recreational use statute is used to encourage landowners to permit recreational use of agricultural land by the public. The users of the land acquire the status of trespasser and damages are capped at a certain amount for injury.
In general, a premises liability claim under the recreational use statute may include the following:
- a owner, lessee or occupant of agricultural or real property
- user was invited or permitted on premises to engage in recreational activity
- an injury occurred on the premises
- no charge for entry
- or an annual charge for entry with limits
- had liability insurance covering acts or omissions resulting in injury on ag land
- a condition on the premises posed an unreasonable risk of harm
- owner breached its duty of care by acting willfully, wantonly or with gross negligence
- this breach caused the injury to the trespasser
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