As of June 17, 2011, the Texas Equine Activity Limitation of Liability Act was amended to include most common farm and livestock animals. The new Act will now be called the “Texas Farm Animal Limitation of Liability Act.”

In short, the immunities related to damages arising from horse activities found in Chapter 87 of the Texas Civil Practice & Remedies Code [formerly referred to as the “Texas Equine Activity Limitation of Liability Act”] now apply to all “farm animals”. A “farm animal” includes: an equine animal, a bovine animal, a sheep or goat, a pig or hog, a ratite [which, in case you have never heard of a “ratite”, includes an ostrich, rhea or emu], and a chicken or other fowl. 

The 82nd Texas Legislature [regular session] adopted amendments to the former Texas Equine Limitation of Liability Act through Senate Bill 479, the text of which can be found here. While most statutory amendments and new laws from the 2011 legislative session will not be effective until September 1, 2011, the amendments to the Act became effective “immediately” upon the requisite 2/3 vote in the Texas House on June 17, 2011.

The amended statute only applies to causes of action that accrue on or after June 17, 2011. 

Notable amendments to the Act include:

  • “Farm Animal Activities” now include rodeos, “events” in general, and “handling, loading, or unloading” a farm animal;
  • Providers of veterinarian and farrier services are now included in the definition of “Farm Animal Professional” ; and
  • The Chapter 87 warning sign language that is now required to be posted by “Farm Animal Professionals” is as follows:

WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE & REMEDIES CODE) A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.

“Farm Animal Professionals” should post new warning signs containing the updated version of the Act’s warning language. See the link above to the newly-adopted language for the warning sign language and provide same to whomever you have make new signs for your property. It will probably be a while before signs containing the updated warning language will be mass-produced and sold at places like Tractor Supply Co., feed stores, et cetera.

Related Post: Victory for Texas Horse Industry in Texas Supreme Court

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  • Thanks for the heads up! I just wrote a post on EALAs, and since California doesn’t have one, it is interesting to me to see how individual states craft the statutory language, and then interpret in case law. Texas may be ahead of the pack in helping protect Farm Animal Professionals from liability.

  • Dickson Varner

    Where does one purchase these new warning signs?
    Thanks

  • Dr.Varner,
    I don’t know of any manufacturer who is mass-producing the new signs and offering them for sale to the public at this point. When the new statute appears in the Civil Practice & Remedies Code next year, I’m sure this will change.

    I am actually thinking about starting a side-business where I make some signs myself and offer them for sale on the Internet! 🙂 Any sign manufacturer can make the signs for you. Here’s the language that needs to go in them:

    WARNING
    UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.

    –Alison