For landowners who allow minor children to come onto their property and partake in activities like hunting, swimming, fishing, or riding ATVs, there is an interesting question that remains unanswered by the Texas Supreme Court: Are liability waivers signed by a parent on behalf of a minor child enforceable in Texas? The Texas Supreme Court has never directly addressed this issue.  There are however, a handful of lower court cases indicating these waivers may not be enforceable. Background Landowners who allow minor children to come onto their property… Read More →

Is the owner of a “guard sheep” named Lamby liable for injuries to a person allegedly headbutted by the sheep?  Let’s take a look at Gonzalez v. Ahrens, a recent case from the Houston (14th) Court of Appeals. Background Mr. Ahrens owns a farm near Yoakum, TX and has a number of species of livestock.  He kept one sheep that he raised as a bottle lamb, named Lamby as his pet and “guard sheep” due to prior break ins. Lamby slept in the house and was friendly, but… Read More →

One way that Texas landowners can protect themselves from liability is to ensure that guests sign liability waivers before engaging in certain activities.  For example, oftentimes hunters that plan to hunt on the property of another are asked to sign a liability waiver (also called a release of liability).  A recent Texas case, Quiroz v. Jumpstreet8, Inc., the court addressed whether a liability waiver was valid when a plaintiff was injured at a trampoline park.  The court addressed several issues, including the question of whether a release can… Read More →

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 →

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 →

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 →