In Dubois v. Harris Cnty., 866 S.W.2d 787, 789-90 (Tex. App.--Houston 14th Dist. 1993, no writ), the plaintiff fell when she stepped into a hole in an area that separated park grounds from the parking area. Dubois, 866 S.W.2d at 789.
Based on the definition of "premises" in the recreational use statute, the Dubois court explained that "Section 75.001 recognizes that a parking area or road would be a necessary and integral part of a recreational area." Id.
The court concluded that the recreational use statute applied to the plaintiff's claims. Id. at 790.
The Court held that a woman who stepped into a hole that was left after the extraction of a dome post was engaged in recreation. Dubois, 866 S.W.2d at 789.
The dome posts were used to separate the park's parking area from the park. Id.
In Dubois, the court noted that the plaintiff frequently took walks on the nature trail and that she was walking when she was injured. Dubois, 866 S.W.2d at 789.