Category Archives: Landowner Liability

Custom Farming Operations Should Consider Limiting Liability with Business Entity Selection

With the fall comes harvest time, which means we’ll be seeing more combines in the fields.  One of my favorite sights! Custom harvesting can be a great business venture for folks involved in agriculture as it can allow farmers to earn supplemental income using knowledge and equipment they already have from their own operations.  Farmers engaged in custom harvesting for others, however, should consider creating a separate business entity that will not only limit liability for their custom harvesting operation, but will also ensure that their own farm assets are protected in… Read More →

Texas Supreme Court Sides with South Texas Ranch in Wrongful Death Lawsuit

The Texas Supreme Court recently considered the duty of a landowner and his employees with regard to people trespassing on the property.  The Boerjan v. Rodriguez  decision affirmed that a landowner or occupier of land owes only a limited duty not to intentionally injure a trespasser.  This case was closely followed by a number of agricultural interest groups in Texas and provides important information for landowners who confront trespassers on their property.  [View opinion here.] Background In this case, a family (father, mother, and child) from Mexico hired a driver to provide transportation… Read More →