Texas Statute Offers Limited Liability for Agritourism Activities When Certain Requirements are Met

website jbrAgritourism has become increasingly popular over the past decade. Agritourism involves a wide range of activities. Wine tourism, hayrides, Halloween corn mazes and pumpkin farms, pick-your-own fruit farms, and visits to working farms all constitute agritourism.

Chapter 75A of the Texas Civil Practice and Remedies Code offers limited liability for agritourism activities if certain requirements are met. According to the statute, an “agritourism entity” is not liable to any person for an “agritourism participant injury” and damages arising out of the agritourism participant injury if certain requirements are met.

An “agritourism entity” is defined by the statute as a person engaged in the business of providing an agritourism activity, without regard to compensation, including a person who displays exotic animals to the public on agricultural land.

An “agritourism participant” means an individual, other than an employee of an agritourism entity, who engages in an agritourism activity.

An “agritourism activity” means an activity on agricultural land for recreational or educational purposes of participants, without regard to compensation.

With certain exceptions, the statute generally protects the agritourism entity from liability for injury sustained by an agritourism participant, including bodily injury, emotional distress, death, property damage, or any other loss arising from the person’s participation in an agritourism activity, if either (1) the warning prescribed by Section 75A.003 of the statute is posted properly or (2) the agritourism entity obtains a written agreement and warning statement from the agritourism participant specifically in accordance with Section 75A.004.

The Texas Agritourism Act does not limit an agritrourism entity’s liability for injuries (1) proximately caused by (A) the agritourism entity’s negligence evidencing a disregard for the safety of the agritourism participant, (B) certain dangers of which the agritourism entity had actual knowledge or reasonably should have known, or (C) failure to train or improper training of an employee; or (2) intentionally caused by the agritourism entity.

The limitations on liability provided by the Texas Agritourism Act are in addition to other limitations of liability that may be afforded by other acts.

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