Search Results for: recreational use statute

What Constitutes Gross Negligence Under the Recreational Use Statute?

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The Texas Supreme Court recently analyzed an important question for Texas landowners:  What constitutes gross negligence under the Recreational Use Statute?  The court’s opinion in Suarez v. City of Texas City focuses on other issues such as governmental immunity as well, but also offers insight into how gross negligence is analyzed under the Recreational Use Statute. [Read full opinion here.] Legal Background As you may recall from this prior blog post, Texas has a Recreational Use Statute which essentially shields Texas landowners from liability if a person is injured on agricultural land while… Read More →

Tx Supreme Court Holds Recreational Use Statute Does Not Apply to Spectators at Sporting Events

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A question had arisen in Texas appellate courts over the last several years:  Would attending a sporting event as a spectator fall under the definition of “recreation” thereby allowing the defendant to raise the Recreational Use Statute as a defense? Last week, the Texas Supreme Court answered this question in University of Texas at Arlington v. Williams.  [Read full opinion here.] Background The plaintiff attended her daughter’s high school soccer game at the University of Texas at Arlington football stadium.  She watched her daughter’s game through completion.  After… Read More →

Texas Landowner Liability Part III: Recreational Use Statute

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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 →

Know Your State’s Landowner Liability Statutes

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I recently wrote an article for Progressive Cattleman discussing the importance of landowners being aware of the various landowner liability statutes that exist in their state. All 50 states have at least one (most states have multiple) statute that offers limited liability to landowners in the event someone is injured on their property, so long as certain requirements are met.  The National Agricultural Law Center has a collection of various statutes for each state in their Reading Room.  For those of you in Texas, I published a legal… Read More →

Texas Landowner Liability Statutes

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Recently, I had the honor of speaking at the 10th Annual John Huffaker Agricultural Law Course.  This event, put on by the Texas State Bar, is a continuing education event for attorneys.  My task was to provide an overview of limited liability statutes in Texas.  Three statutes (Recreational Use Statute, Agritourism Act, and Farm Animal liability Act) offer limited liability to Texas landowners if the requirements are met.  It is critical that Texas landowners be aware of these statutes and seek to comply to protect their operations in… Read More →

Ranch ATV Accident Results in Lawsuit

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When a teenager was killed while riding in an ATV owned by Blackjack Ranch, was the Ranch liable for his death?  This was the question before the court in Mitschke v. Borromeo. Background Justin Behrens worked as the foreman and sole employee of Blackjack Ranch (Ranch).  The Ranch was owned by Marida Favia del Core Borromeo (Marida).  The Ranch and Marida owned a Polaris Ranger ATV. On April 2017, the ATV was parked at Justin’s house.  Justin’s 16-year-old son, Bristen, and two of his 16 year-old friends took the… Read More →

Questions from Tiffany’s Desk: What Statutory Protections Apply if Hunters Are Injured on My Land?

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Question:  What statutory protections are available as a defense to a landowner if hunters are injured on my land? Answer:  With opening weekend for deer season right around the corner, this is a great and timely question. There are two main statutes that could apply in this situation:  Texas Recreational Use Statute and Texas Agritourism Act.  As you will see, there are many situations, including hunting, where both statutes may be an available defense if someone is injured. Recreational Use Statute The Texas Recreational Use statute provides that a… Read More →

Hunting Lease Resources

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With this being the opening weekend of dove season and with deer season coming up soon here in Texas, I’ve gotten a lot of questions and interview requests about hunting leases.  We’ve got a variety of resources–many free–that offer great information for landowners interested in allowing others to hunt on their land.  I thought it might be useful to write a post just outlining and providing links to those various resources in one place. With regard to the two handbooks mentioned below, I’ve linked the free PDF versions,… Read More →

MT Supreme Court: Dinosaur Fossils Are Not Minerals

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In an update to a story I included in the Weekly Round Up last Friday, the Montana Supreme Court has ruled on the question of whether dinosaur fossils are minerals under state law.  [Read Opinion here.] Background The case involves farm and ranch land in Montana.  The land was initially owned by the Seversons and for approximately 15 years, it was run as a partnership between the Seversons and the Murrays, who worked there as ranchers. In 2005, the Seversons severed the surface estate from the mineral estate. … Read More →

Landowner Liability Protection Resources

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One of my favorite topics is landowner liability protections.  This is an area of the law where landowners can take affordable steps before any incident occurs to protect themselves, their operations, and their livelihood. Here are some of my favorite resources related to landowner liability protection. I put together a Fact Sheet on “How Landowners Can Protect Themselves from Liability.”  Click here to download. I recorded an episode of Ag Law Today with Cari Rincker on this very topic.  Click here to view. I’ve done blog posts on… Read More →