Category Archives: Landowner Liability

Texas Landowner Border Law Handbook

Posted on by

We are excited to announce the release of our Texas Landowner Border Law Handbook! After fielding questions from border landowners via email, phone, and at presentations related to the laws applicable to their situation, we decided to write a handbook collecting information in one place.  Our hope is that this handbook can be a helpful resource for landowners looking to understand the applicable laws and contact the appropriate authorities for help. Download your free copy here.

Ranch ATV Accident Results in Lawsuit

Posted on by

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 →

Court Analyzes Liability of Landowner When Tree Falls Across Roadway

Posted on by

A recent Texarkana Court of Appeals decision in Bell v. Cain looks at liability of a landowner when a tree falls onto an adjacent roadway and injures a driver.  This case offers important considerations for all rural landowners to keep in mind. Background Mrs. Toole owned a 148-acre tract of land in rural Harrison County.  In 2017, she appointed her daughter, Katherine Toole Belle, as her attorney-in-fact to manage her affairs.  Mrs. Toole died in 2018 naming Katherine as her executor and leaving the property to Katherine. In April 2019,… Read More →

Texas Supreme Court Finds Landowner Not Liable in Railroad Crossing Death

Posted on by

Last week, in Union Pacific Railroad Co. & Ezra Alderman Ranches v. Prado, the Texas Supreme Court addressed the liability of a landowner and railroad company when a railroad crossing fatality occurs on private land. Background In 2015, Rolando Prado, Jr. died when his pickup was struck by a Union Pacific (UP) train.  The crossing at issue is on private property owned by Ezra Alderman Ranches (the Ranch).  Prado was returning from his first day working at a new jobsite about 7:30 pm. He was driving at or under… Read More →

Statutory Amendments Offer Broader Liability Protection to Texas Landowners

Posted on by

The Texas Legislature recently amended Texas Civil Practice and Remedies Code Section 75.006 to expand liability protections in situations when damages or injuries arise that are out of control of the agricultural landowner or lessee.  The statute is titled “Certain Liability Limited in Connection with Livestock or Agricultural Land” and the amendments are found in HB 73. Prior Version Previously, Section 75.006 provided protection to landowners in certain scenarios.  First, landowners were not liable for damages arising from an incident caused by livestock due to the act or… Read More →

Landowner Liability for Accident on Roadway Adjacent to Property

Posted on by

Does a landowner owe a duty of care to a visitor who was killed while crossing a Farm-to-Market road leaving the landowner’s property?  This was the question recently before the Beaumont Court of Appeals in Jones v. Wright.  [Read Opinion here.] Background In December 2018, Daylen Jones, a minor, was killed when he was hit by a truck while crossing across FM 1960 after visiting property owned by the Wrights.  For years, the Wrights set up a Christmas display known as “Wrights’ Lights” and allowed the public to… Read More →

Liability Release Protects Horse Owners in Lawsuit

Posted on by

The El Paso Court of Appeals recently enforced a liability waiver against a party injured when she fell off a horse in Green v. Lajitas Capital Partners, LLC.  [Read Opinion here.]  This case is a great reminder about the law surrounding liability waivers and how they can be an important part of a risk management plan. Background In June 2020, Sherri Green and other members paid to go on a sunset trail ride at Lajitas Resort. Prior to the ride, Sherri signed a release that was labeled in bold,… Read More →

2021 Year in Review – Texas

Posted on by

2021 was another big year in the agricultural law world here in Texas.  From key legal decisions to new laws passed during the legislative session, there was no shortage of information to discuss in this year in review.  As you will see, many of the key updates involve actions taken by the Texas Legislature.  To read in more detail about the key bills for agriculture this session, click here to read a blog post and here to listen to a podcast episode with J Pete Laney. Texas Farm… Read More →

Prescribed Burning Liability Considerations

Posted on by

If you are involved in a prescribed burn in any capacity–a landowner, lessee, Certified & Insured Prescribed Burn Manager, burn boss, assisting with the fire–you need to take time to understand the law related to liability if the burn causes damage or injury. The Texas Legislature recently made changes to the prescribed burning liability statute. Dr. Morgan Treadwell and I recently  published a fact sheet outlining how Texas law works with regard to liability where prescribed burns are involved. To view the fact sheet, click here.

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

Posted on by

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 →