Premises Liability and Farm Land in Texas

Texas is a large state. With such expansive territory, it is well known that much of the state is dedicated to agriculture. Many people visit these farms for recreational and business purposes each year. When people go to agricultural land, they may encounter a variety of dangers — from large farm equipment to dangerous animals. These dangers can lead to injuries for people on the property if proper precautions aren’t taken.

If an injury does occur, Texas residents should understand their legal rights. Under section 75.002 of the Texas Civil Practice and Remedies Code, property owners are generally not responsible for injuries that occur while on the premises. Whether people are trespassing, invited on the property for recreational purposes or on the property for other purposes, Texas law limits the duty of the land owner to keep the property safe. Furthermore, under this section, property owners don’t assume responsibly for injuries to people who are participating in recreational activities — including hockey, skateboarding or roller-skating which might carry risks.

However, there are limits to this rule. The property owner may not have to assure people that the property is safe, but the property owner may not act grossly negligent, in bad faith or with malicious intent. In these cases, the property owner may be held liable for injuries that occur to invitees, recreational invitees and to trespassers.

When people are injured on another person’s land, they should make sure to understand their legal rights. In some cases, people may be entitled to compensation from a negligent party. An attorney can help people determine if they have a right to bring a legal action against a property owner.