Texas House Bill HB1971

Texas 2011 - 82nd Regular

• Out of House Committee: 4/15/11
• Introduced: 3/1/11
• Refer: 3/10/11
• Report Pass: 4/4/11

Caption

Relating to the liability of a landowner for harm to a trespasser.

Impact

This bill represents a significant shift in how property liability is treated under Texas law, particularly concerning trespassers. By limiting the liability of landowners, the legislation encourages owners to maintain their property without the fear of extensive legal repercussions for accidents involving unauthorized individuals. However, the bill introduces specific protection for children, recognizing their inability to fully understand or appreciate danger. This balance seeks to address concerns over child safety while still protecting landowners from undue liability.

Summary

House Bill 1971 aims to redefine the liability of landowners regarding incidents involving trespassers. The bill specifically states that landowners, lessees, or occupants of land do not owe a general duty of care to trespassers. However, it does impose certain exceptions primarily for children. The legislation emphasizes that landowners can only be held liable for harm to a trespasser in instances where their actions were willful, wanton, or grossly negligent. Moreover, if an artificial condition on the property poses a significant danger specifically to children, the landowner may be liable if certain conditions regarding knowledge of the risk are met.

Contention

The discussions surrounding HB 1971 may evolve around the implications of reducing a landowner's duty to protect against trespassers and the potential risks that could arise from this reduced liability. While proponents argue that it reduces the need for extensive precautions that property owners would otherwise have to take, opponents may highlight concerns about accountability and the potential for increased harm to vulnerable groups, particularly children, who might enter such properties unaware of the dangers. Overall, the bill reflects broader debates on property rights, liability, and child safety.