Category Archives: Landowner Liability

Texas Supreme Court Finds Landowner Not Liable in Railroad Crossing Death

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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

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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

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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

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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

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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

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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?

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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 →

Texas Farm Animal Liability Act FAQ

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As you may recall from several prior posts, the Texas Legislature passed several changes to the Texas Farm Animal Liability Act  (FALA) that went into effect on September 1, 2021.  To read more detail about the Farm Animal Liability Act and these changes, click here. After fielding many questions from folks who just wanted basic information (and less of the legal detail that lawyers like me enjoy so much), I thought a quick frequently asked questions breakdown might be useful. What is the FALA?  The Farm Animal Liability… 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 →

Questions from Tiffany’s Desk: What Signs Do I Need on My Farm/Ranch?

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After my blog post about amendments to the Texas Farm Animal Liability Act, my email inbox was bombarded with questions about the various signs that landowners should consider having, what the differences are between the signs, and where to purchase the signs.  I thought it might be helpful to do a rundown on the common signs landowners should consider having from a liability protection perspective. Rural landowners should consider hanging two signs from a liability protection perspective: The Texas Farm Animal Liability Act sign and the Texas Agritourism… Read More →