Another important consideration for any landowner looking to lease land is the issue of what liability he or she may be subject to if someone is injured during the term of the lease agreement. In Texas, the general rule is that a landowner is not liable to the tenant or to others on the land for physical harm caused by any dangerous condition that existed at the time the lessee took possession of the land. As with most laws, however, there are several exceptions to this rule. A landowner… Read More →

There is an important statute that limits liability of certain property owners who open their land up for recreational uses.  Understanding that the vast majority of Texas land is privately owned, and hoping to encourage landowners to allow recreation on their land, the Texas Legislature passed the Recreational Use Statute.  This statute may be found at Civil Practice and Remedies Code Chapter 75.   Essentially, where the statute applies, the landowner, lessee, or occupier owes the plaintiff the same duty as a trespasser–meaning that the landowner, lessee, or… Read More →

One of the most common questions I get from Texas landowners is under what circumstances they might be held liable is another person is injured on their land.  This is an important, and somewhat complex, issue that is very important for all landowners to be aware of.  In light of this, we will begin a multi-part series on Texas landowner liability that will continue for the next couple of weeks. Negligent Act v. Premises Liability When a plaintiff is injured on a defendant’s land, he or she has… Read More →