The Texas Farm Animals Liability Act (FALA)
The Texas Farm Animal Liability Act (FALA) limits the liability of farm animal owners when someone is injured while participating in activities involving animals like horses, cattle, or livestock. If you’re injured on a farm, FALA keep the owner from being held responsible for your injuries, especially if the injury happened due to inherent risks involved in dealing with farm animals, such as unpredictable behavior. That does not mean that farmers are insulated from all claims arising from injuries caused by farm animals. In this article, our Texas personal injury lawyers discuss the limitations of FALA and what you should do if you were injured on a farm in Texas.
Who is a “Participant” under FALA?
The limitation of liability pertains to injuries or death sustained by a “participant.” According to Section 87.001, a participant is:
- For farm animal activities: Anyone who engages in the activity, regardless of their status. This means it doesn’t matter if they are an amateur or professional, if they paid for the activity or are doing it for free, or if they are an independent contractor or employee. The key point is that they are actively involved in the farm animal activity.
- For livestock shows: There are two categories of participants:
- A person who registers for and is allowed by the livestock show sponsor to compete in the show by showing an animal on a competitive basis.
- A person who assists the competitor described above.
In essence, the definition is quite broad for farm animal activities, encompassing anyone involved regardless of their skill level, payment status, or employment relationship. For livestock shows, it’s more specific, focusing on the actual competitors and their direct assistants.
| Activity Type | Who is Considered a Participant | Additional Notes |
|---|---|---|
| Farm Animal Activity | Any person who engages in the activity |
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| Livestock Show |
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Definition of “Inherent Risks”
According to Texas Civil Practice and Remedies Code § 87.003, an inherent risk refers to dangers or conditions that are an integral part of activities involving farm animals, livestock shows, or farm operations. These risks are considered inherent because they are naturally occurring or unavoidable aspects of dealing with animals and farm environments. The law specifically outlines several categories of inherent risks:
- Animal behavior: This includes the natural tendency of farm animals or livestock to act in ways that could cause injury or death to people handling them or in their vicinity.
- Unpredictable reactions: Animals may react unpredictably to various stimuli such as sounds, sudden movements, or unfamiliar objects, people, or other animals.
- Environmental factors: For activities involving equine animals, this includes certain land conditions and hazards, including surface and subsurface conditions.
- Collisions: The risk of colliding with another animal or an object during these activities.
- Participant behavior: This includes the potential for participants to act negligently, such as losing control of an animal or engaging in activities beyond their skill level, which could lead to injury to themselves or others.
The law considers these risks to be an inherent part of farm animal activities, livestock shows, and farm operations. As such, it limits the liability of various parties (including farm animal activity sponsors, professionals, owners, livestock producers, and show sponsors) for injuries, deaths, or property damage resulting from these inherent risks.
Required Warning Signs for FALA Protection
To qualify for protections under Texas Civil Practice and Remedies Code § 87.005, warning signs must be placed in visible locations where farm animal activities are conducted. The sign should read:
“WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OR RANCH OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.”
Failure to display this sign can result in loss of liability protection under the Act.
The law requires farm animal professionals, farm owners, or lessees to post warning signs if they manage or control a farm, stable, corral, or arena where farm animal activities occur. These signs must be placed in clearly visible locations on or near the relevant facilities.
Additionally, the same warning that appears on the signs must be included in all written contracts. This applies to contracts for professional services, instruction, or the rental of equipment, tack, or farm animals. The warning must be included in contracts with participants, employees, and independent contractors. It’s important to note that this contract requirement applies regardless of whether the farm animal activities take place at the business location or elsewhere. The law specifies that the warning in these contracts must be clearly readable.
The purpose of these requirements is to ensure that people are aware of the risks associated with farm animal activities, whether they encounter this information on physical signs at the location or in written agreements. This consistent warning helps protect the farm animal professionals, owners, and lessees from liability by demonstrating that participants were informed of the inherent risks.
Exceptions to Texas Farm Animals Liability Act Protections
There are statutory exceptions to FALA, which is not to say these are the only exceptions, but that these are ones the legislature called out in Section 87.004 as not having FALA protection. These are the exceptions:
- Faulty equipment: If someone provides faulty equipment or tack (riding gear), and they knew or should have known it was faulty, they can be held liable if it causes an injury or death.
- Improper participant screening: If someone provides an animal but doesn’t make a reasonable effort to check if the participant can safely handle the animal or activity, they can be held liable. This is based on what the participant tells them about their abilities.
- Hidden dangers on the property: If there’s a dangerous condition on the land that’s not obvious, and the property owner/controller doesn’t post clear warning signs or tell participants about it, they can be held liable if it causes injury or death.
- Reckless behavior: If someone acts with extreme carelessness (willful or wanton disregard) for participant safety, and this causes an injury, they can be held liable.
- Intentional harm: If someone intentionally causes damage, injury, or death, they can be held liable.
- Livestock show special case: For livestock shows, if someone invites or allows a non-participant (as defined by law) to join in an activity connected to the show, and that person gets injured or killed, the organizer can be held liable.
These exceptions are designed to ensure that while providers of farm animal activities and livestock shows have some protection from liability for inherent risks, they still have a responsibility to maintain basic safety standards and act responsibly.
FALA Protections Strengthened in 2021
The Texas Farm Animals Liability Act, codified in Chapter 87 of the Texas Civil Practice and Remedies Code, has undergone significant modifications since its inception. The most recent changes came with House Bill 365, signed by Governor Abbott on June 6, 2021, and effective from September 1, 2021. These changes have important implications for farm animal professionals and ranch owners.
Key Changes from the 2021 Amendments
- Expanded activity descriptions
- Broadened definition of “farm animal professional”
- Modified definition of “farm animal”
- Updated required warning signage
- Extended protection to employees and independent contractors
- Clarified the Act’s relationship with workers’ compensation
These changes ensure broader protections for ranch activities, including veterinary practices. Honeybees kept in managed colonies are now included in the definition of “farm animals.”
Waak v. Rodriguez and Its Impact
The case of Waak v. Rodriguez (603 S.W.3d 103) influenced the 2021 amendments to FALA. The Texas Supreme Court ruled that ranchers and ranch hands engaged in daily ranch activities were not covered by FALA. In response, House Bill 365 expanded the definition of farm animal activities to include many common ranch tasks, ensuring broader protections for ranch hands, veterinarians, and others.
Who Does FALA Protect?
The 2021 amendments expanded protection under FALA to include:
- Farm animal professionals (instructors, veterinarians, farriers)
- Farm and ranch owners or lessees
- Employees and independent contractors
- Sponsors of farm animal activities
- Any person or entity providing land for farm animal activities
Protection is Not Automatic
FALA’s liability protection requires compliance with specific requirements:
- Posting proper warning signs
- Ensuring participant safety and awareness of land hazards
- Maintaining equipment and facilities in good condition
- Avoiding gross negligence or misconduct
Failure to meet these requirements can result in loss of FALA’s liability protections.
Contact Us if You’ve Been Injured by a Farm Animal in Texas
If you’re involved in farm animal activities, compliance with FALA is crucial. The attorneys at Varghese Summersett are well-versed in the Texas Farm Animals Liability Act and can provide legal guidance to help ensure your protection under the law. Contact us today to schedule a consultation and safeguard your legal rights.