There are several potential defenses to the Plaintiffs claims in this case. First, we understand that prior to them entering the undeveloped portion of the property, the Plaintiffs were aware that Lee Ricks, IV may have been intoxicated. They also were negligent in either not wearing restraint devices while in the Jeep, or alternatively, had knowledge that the Jeep did not have restraint devices available by the time the Jeep entered the undeveloped portion of the property. They would have also been aware of the dark/nighttime conditions and Lee Ricks, IV’s ability to see where he was going at the time of the accident. Also, we understand that prior to the date of the incident, Plaintiff Wright had been at or near the location of where the accident occurred and would have had knowledge regarding (1) the existence of the river gorge, (2) the fact that trees and vegetation made it difficult for the river’s gorge to be seen, particularly at night; and (3) that as they approached the location of the …show more content…
This creates a potential argument that the Plaintiffs, at the time of the accident, were trespassers. If that is the case, the Plaintiffs will have to show that their injuries were the result of gross negligence on the part of either Riverbend Development, LLC and/or Riverbend Golf Course.

Another potential defense to the Plaintiffs claims is the Texas Recreational Use Statute. Under the statute, if an owner, lessee or occupant of real property gives permission to another to enter the land for recreational purposes, the owner, lessee or occupant only owes the person to whom permission is granted the duties owed to a trespasser, to wit: to not injure the person willfully, wantonly or through gross