Texas Farm Animal & Equine Activity Liability Act (CPRC Chapter 87): Inherent Risk Immunity & Exceptions
Summary of the Texas Rule (Tex. Civ. Prac. & Rem. Code §§ 87.001–87.005)
Immunizes ranches, stables, rodeos, livestock shows, and working ranch owners from liability for injuries resulting from the 'inherent risks of a farm animal activity,' subject to six statutory exceptions in § 87.004.
Statutory Text Summary & Legal Mechanics
Under § 87.003, any person, including a farm animal activity sponsor, farm animal professional, livestock producer, or livestock show participant, is not liable for property damage or damages arising from the personal injury or death of a participant in a farm animal activity or livestock show if the injury results from the inherent risks of the activity (such as the propensity of a horse or bull to buck, kick, bolt, or collide).
Practical Impact on Texas Personal Injury Claims & Jury Trials
In Waak v. Rodriguez, 603 S.W.3d 103 (Tex. 2020), the Texas Supreme Court held that Chapter 87 (as amended in 2011) applies even to full-time ranch hands/employees injured by cattle or horses on a working Texas non-subscriber ranch! However, § 87.004 preserves liability when the owner: (1) provided faulty tack or equipment; (2) provided a horse and failed to make a reasonable effort to determine the rider's ability to safely manage that specific animal; or (3) knew of a dangerous latent condition of the land and failed to warn.
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