The Texas Agritourism Act, passed in 2015, provides landowners with more
protection from injury-related liability. Under the Act, landowners are not liable
for injuries or damages suffered by those who use their land (such as hunters) if:
Landowners post required warning signs before the activity
— OR —
Those using the land sign written agreements containing
certain language
Landowners are not required to comply with both provisions, but Tom Rothe,
Attorney at Law and Rancher, and Ty Griesenbeck, Attorney at Law, concur that it
is wise to do both. In addition to posting warning signs with the exact verbiage in
the sign (pictured) in a clearly visible area, drafting properly worded hunting leases,
liability waivers, and meeting the requirements under the Texas Agritourism Act,
landowners should further protect themselves by carrying liability insurance.
Although the act provides limited liability, it does not prevent landowners from
being sued. Liability insurance policies typically provide representation for
landowners in litigation and can satisfy any possible judgments resulting from
accidents.
“I have those signs posted on all of our ranch properties at the entrance gates.”
Rothe affirms, “Recent cases suggest that if you have those signs posted, you don’t
need to get individual releases signed, but I recommend landowners carry at least
$1,000,000 in general liability coverage. I still get releases signed, but I see cases
that find the landowner not liable when they have the sign only.”
For more information see Texas Civil Practice and Remedies Code Chapter 75A,
at statutes.capitol.texas.gov