Category Archives: Landowner Liability

Questions from Tiffany’s Desk: Where Can I Get Those Agritourism Act Signs?

Question:  Where can I get those Agritourism Act signs? Answer: Since the Texas Agritourism Act was passed by the Legislature back in 2015, I’ve been traveling the state talking to landowners about the limited liability protections this statute offers to them. [Click here for more background on this statute.] One way to receive this limited liability is for a landowner to hang up a specific Texas Agritourism Act sign on his or her property.  The sign must be hung at a place clearly visible at or near where the… Read More →

Questions from Tiffany’s Desk: What Documentation Should I Have for Hunters on My Property?

Question:  I’m leasing out my land to hunters this year.  What type of documentation should I obtain from them? Answer:  This is a common question asked by Texas landowners.  They want to allow their friends, family, or the public to enter their property for activities like hunting, fishing, or swimming, but also want to protect themselves against liability.  I recommend three documents be signed by and collected from each person entering the property for a recreational use, such as hunting. Hunting Lease.  All landowners should require a hunting… Read More →

How Can Landowners Protect Themselves from Liability?

A common concern for landowners across the country is how to ensure they are protected from liability if someone is injured on their property.  In fact, in one morning last week, I got three emails from landowners asking what they could do now to be in a position to best defend themselves in the event an injury does occur on their land. Importantly, there is no silver-bullet that will ensure a landowner will not ever be liable for anything.  Additionally, there is nothing a landowner can do to… Read More →

James v. Young: Are Landowners Liable for Horse Riding Injury to Child?

A recent case out of the Waco Court of Appeals, James v. Young, is the real-life version of many landowners’ nightmare.  When a six-year-old child fell off of a horse the landowners allowed him to ride, his parents filed suit.  Did the Farm Animal Liability Act apply to shield the landowners from liability? Background The James family and the Young family were friends.  One weekend, the two families were spending time at the Young ranch.  The mothers and two of the children rode horses while several of the men… Read More →

Texas Landowner Duty to Trespasser on Property

Spring has sprung and it is bluebonnet season here in the Lone Star State! Texans love our bluebonnets and many folks make yearly pilgrimages to take photographs with the official state flower. This can cause anxiety for some landowners who may be concerned about their potential liability for trespassers on their land. Under Texas law, the only duty that a landowner owes to a trespasser is not to intentionally injure that person or to act with “gross negligence.” For liability purposes, any person who enters the property without… Read More →

Prescribed Burning: Liability & Insurance Considerations

My friend and colleague, Dr. Morgan Russell, and I recently published a fact sheet looking at liability and insurance considerations when conducting a prescribed burn. With burning being a popular grassland management technique across Texas, landowners should take the time to understand the law regarding liability in the event a burn gets out of control and causes damage, to carefully review and comply with Texas’ limited liability statute for prescribed burning, and ensure they have adequate insurance coverage in case the worst does occur.  This fact sheet walks landowners… Read More →

October 21, 2016 Weekly Round Up

Welcome to this week’s Weekly Round Up.  This will be the last weekly round up post for a couple of months as my family will be adding a little one next week and I will be out of the office on maternity leave.  I’ve got regular weekly posts scheduled throughout my absence, so please continue to check back and keep up with the Texas Agriculture Law Blog!  We will continue the Weekly Round Up posts again in January. * Basic overview of Texas landowner liability law.  My friend… Read More →

Know Your State’s Landowner Liability Statutes

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 →

October 7, 2016 Weekly Round Up

Happy October!  Here are some of the ag law stories in the news this week. * Supreme Court to consider landmark groundwater dispute between Mississippi and Tennessee.  A groundwater dispute in which Mississippi claims that Tennessee is over-pumping an aquifer that lays beneath both states will be considered by the United States Supreme Court.  [Read article here.] *Lots to think about before entering into a solar lease agreement.  The Texas Observer published an article this week discussing a number of considerations that landowners need to keep in mind when approached… Read More →

Questions from Tiffany’s Desk: Texas Agritourism Act

Since I wrote a blog post several months ago outlining the newly enacted Texas Agritourism Act, I have gotten a flurry of questions from folks across the state related to the Act’s protection and application.  I thought I would take the time to answer a few of these questions today. Where can I find more information about the Agritourism Act? To read a prior blog post I wrote discussing the basics of the Agritourism Act, click here.  To read a more in depth legal discussion of landowner liability statues (including the… Read More →