Category Archives: Landowner Liability

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 →

Texas Landowner Liability Statutes

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 →

Landowner Liability: What If Blowing Dust Causes Highway Accident?

My very first assignment as a summer associate at a law firm was to look into whether our client, a rancher, could be held liable where dust from his property blew across the highway causing decreased visibility and a car accident ensued.  This same question was included in the Top 10 Things Agricultural Lawyers Should Know presentation by John Huffaker and David LeBas at the Texas Ag Law Course in 2015. It is an interesting and important issue for Texas landowners.  The answer, like so many legal answers, is not… Read More →