-
-
American Bar Association Web 100 Honoree
-
Texas Bar Today Top 10 Blog Posts
-
Tenth Anniversary Edition 100 BLAWG Honoree
-
Top 100 Blawg Winner 2015!
-
Top 100 Blawg Winner 2014!
-
View by Category
- "Ag Gag" Statutes
- AALA Conference
- Adverse Possession
- AQHA Cloning Lawsuit
- Big Data
- Business Entity Selection
- Carbon Contracts
- Checkoff Program Challenges
- Clean Water Act
- Contracts
- Dicamba
- Direct Beef Sales
- Dispute Resolution
- Drones
- Easements
- Eminent Domain
- Eminent Domain in Texas Series
- Employment/Labor Law
- Endangered Species Act
- Estate Planning
- Extension Publications
- Farm Animal Liability Act
- Farm Bill
- Federal Regulations
- Fence Law
- FOIA/PIA
- Food Safety
- Free Ag Law Resources
- GMO Labeling
- GMO Labeling and Reporting
- Hemp
- Horse Slaughter
- Immigration
- Insurance
- Land Values
- Landowner Liability
- Leases
- Lesser Prairie Chicken
- Lessons from My Agricultural Law Course
- Liens
- Local Fracking Bans
- Mental Health
- Oil and Gas Law
- Pesticide Drift
- Podcast
- Prescribed Burning
- Purchasing Property
- Questions from Tiffany's Desk
- Regulatory Takings
- Right to Farm laws
- SCOTUS Watch
- Seed Law
- Solar
- Special Use Valuation
- Surface Use Agreements
- Syngenta Litigation
- Tax Issues
- Texas Legislature
- Texas Supreme Court Decisions
- Texas Water Wars
- Transition Planning
- Uncategorized
- Undercover Video Situations
- United States Congress
- United States Supreme Court Decisions
- Water Law
- Water Pipeline Projects
- Weekly Round Up
- Wind Energy Leasing
- WOTUS
- Year in Review
-
Archives
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
Category Archives: Landowner Liability
Liability Release Protects Horse Owners in Lawsuit
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
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
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?
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
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
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?
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 →
Court Analyzes TX Farm Animal Liability Act When Horse Injures Bridesmaid at Wedding Venue
Lobue v. Hanson, a case involving a wedding venue, a bridesmaid, a horse, and the Farm Animal Liability Act recently caught my attention. [Read case here.] Background Todd Hanson owns a fifty-six acre property in Crosby, which he rents as a wedding venue called The Barn at Four Pines Ranch. The weddings are held in a barn on the property. Cattle and horses are on the property, but there is a fence separating the livestock from the barn. When the bride and groom arrived on their wedding day,… Read More →
April 9, 2021 Weekly Round Up
Happy Friday! Spring has sprung here in the Texas Panhandle and I’m enjoying the green grass and warmer weather. Here are few of the ag law stories in the news over the past couple of weeks. * Farm Animal Liability Act bill moves forward as amended. You may recall from our post a week ago that HB 365 is currently pending and would modify the Texas Farm Animal Liability Act to ensure application to working farms and ranches. For more detail, click here. The bill continues to… Read More →
TX House Bill to Modify Farm Animal Liability Act Unanimous Out of Committee
A bill that would seek to essentially undo a 2020 Texas Supreme Court decision limiting the scope of the Texas Farm Animal Liability Act (FALA) has been unanimously passed out of the House Judiciary and Civil Jurisprudence Committee. For farmers and ranchers, this is an important issue as it relates to their legal protection from liability for injuries caused by horses or livestock. Statutory Background The Texas Equine Act was passed in 1995. The scope of the statute was amended in 2011 to expand the scope of the… Read More →