Civil Practice & Remedies Code § 87.004 – Exceptions to Liability Limitations (Farm Animal Liability Act)

Civil Practice & Remedies Code § 87.004 Summary

This Texas statute, Section 87.004 of the Civil Practice & Remedies Code, outlines specific circumstances under which individuals involved in farm animal activities or livestock shows can still be held responsible for damages, personal injuries, or fatalities. While the broader Texas Farm Animal Liability Act generally limits liability for certain risks inherent to these activities, this particular section details six key exceptions where that protection does not apply. Parties who might face liability under these exceptions include farm animal activity sponsors, professionals, farm owners or lessees, livestock show participants, and livestock show sponsors.

The exceptions cover situations such as providing faulty equipment with knowledge of the defect, failing to reasonably assess a participant’s ability to safely engage with an animal, not warning about dangerous hidden land conditions known to the responsible party, acting with willful or wanton disregard for safety, intentionally causing harm, or, in the context of livestock shows, allowing a non-participant to engage in a connected activity that results in injury or death. This provision ensures that immunity is not absolute when certain safety obligations or duties of care are breached.

Purpose of Civil Practice & Remedies Code § 87.004

The legislative intent behind this statute is to strike a critical balance within the Texas Farm Animal Liability Act. While the state aims to protect the vibrant farm animal industry and recreational activities from excessive liability claims arising from inherent risks, Section 87.004 ensures that individuals and entities are not entirely immune when their actions or omissions demonstrate a clear disregard for safety or a direct contribution to harm. The provision exists to prevent scenarios where gross negligence, intentional misconduct, or a failure to address known hazards would otherwise be shielded by the general liability limitations. By establishing these exceptions, the law encourages responsible conduct, proper equipment maintenance, diligent assessment of participants, and the disclosure or remediation of dangerous conditions, thereby enhancing safety within farm animal activities and livestock shows while still preserving the core protections of the Act.

Real-World Example of Civil Practice & Remedies Code § 87.004

Imagine a ranch in Texas, “Sunset Stables,” that offers horseback riding lessons and trail rides to the public. One afternoon, a rider named Sarah, who had minimal riding experience, signed up for a trail ride. Sunset Stables provided Sarah with a saddle and bridle. During the ride, the stirrup leather on Sarah’s saddle, which was old and significantly worn, suddenly broke. Sarah lost her balance and was thrown from the horse, sustaining a broken arm.

Upon investigation, it was discovered that the stable owner, Bob, had been aware for several weeks that the stirrup leather was cracked and frayed but had decided to continue using it, hoping it would last “just a little longer” before he bought a replacement.

In this scenario, Civil Practice & Remedies Code § 87.004(1) would likely apply. This exception states that a person may be liable if the injury was caused by faulty equipment or tack, the person provided it, and knew or should have known it was faulty. Here, Bob provided the faulty saddle, knew about its condition, and that faulty equipment directly led to Sarah’s injury. Therefore, despite the general liability limitations of the Farm Animal Liability Act, Sunset Stables, through its owner Bob, could be held responsible for Sarah’s medical expenses and other damages due to this specific exception.

Related Statutes

• Civil Practice & Remedies Code § 87.001 (Definitions): This section is crucial for understanding the exact meaning of terms used throughout Chapter 87, such as “farm animal,” “farm animal activity,” “participant,” and “livestock show,” which are foundational to applying the exceptions in § 87.004.
• Civil Practice & Remedies Code § 87.002 (Limitation on Liability): This is the primary statute that § 87.004 *excepts*. Section 87.002 establishes the general rule that a person is not liable for property damage, injury, or death arising from the inherent risks of a farm animal activity or livestock show. Section 87.004 then carves out specific circumstances where this limitation does not apply.
• Civil Practice & Remedies Code § 87.003 (Warning Signs): This section relates to the requirement for warning signs, which can be relevant to the exception in § 87.004(3) concerning dangerous latent conditions of land. If a warning sign is required but not conspicuously posted, it can directly impact liability under that exception.

Case Law Interpreting Civil Practice & Remedies Code § 87.004

Texas courts have interpreted and applied the exceptions outlined in Civil Practice & Remedies Code § 87.004 in various cases. For example, in the case of Looper v. DeForest, 350 S.W.3d 720 (Tex. App.—Texarkana 2011, pet. denied), the court addressed the application of the Farm Animal Liability Act, including its exceptions, in the context of a riding accident. Another relevant case is D.J. v. M.R., 440 S.W.3d 625 (Tex. 2014), which involved an injury at a livestock show and discussed the nuances of participant status and the exceptions to liability. These cases, among others, help clarify the boundaries of the Act’s protections and when a party may still be held accountable.

Why Civil Practice & Remedies Code § 87.004 Matters in Personal Injury Litigation

For individuals involved in Texas personal injury litigation, Civil Practice & Remedies Code § 87.004 holds significant importance for both plaintiffs and defendants. For plaintiffs who have suffered an injury during a farm animal activity or livestock show, this statute offers crucial pathways to seek compensation despite the general liability protections afforded by the Farm Animal Liability Act. It means that an injury is not automatically non-recoverable; instead, the focus shifts to whether one of the six specific exceptions can be proven. A plaintiff’s legal strategy will often center on gathering evidence to demonstrate faulty equipment, a failure to assess participant ability, an un-warned dangerous land condition, willful or wanton disregard for safety, intentional harm, or the specific livestock show exception. This allows victims to pursue claims when the injury resulted from something beyond the inherent risks of the activity.

For defendants—such as farm animal professionals, stable owners, or event sponsors—this statute defines the boundaries of their liability protection. While they benefit from the general limitation on liability, Section 87.004 highlights the critical areas where they must exercise due care. Understanding these exceptions is vital for risk management, ensuring proper maintenance of equipment, thorough assessment of participants, adequate warnings for hazards, and avoiding actions that could be construed as willful or wanton disregard for safety. Defending against a claim under this statute requires demonstrating that none of these exceptions apply, often by showing that equipment was sound, proper assessments were made, warnings were provided, and conduct was not grossly negligent or intentional. Ultimately, this statute serves as a powerful tool for both sides in personal injury cases involving farm animals, shaping how claims are brought, defended, and ultimately resolved.