11. INSPECTION RECOMMENDATIONS (+)
Landowners have a legal duty to keep the premises safe for the invitee’s protection. In practical terms, the landowner must give the invitee adequate and timely notice of concealed, latent perils that are personally known or that a reasonable inspection … Continue reading
10. IDENTIFYING AND MITIGATING POTENTIAL HAZARDS (+)
If you allow guests to bring minor children on your property, you are held to a heightened responsibility to their children- even unaccompanied, trespassing children. Therefore, the landowner must take reasonable steps to locate dangerous artificial conditions and eliminate the … Continue reading
9. INSURANCE REVIEW (+)
The Recreational Use Statute (as outlined in #2) provides caps on recoveries for acts or omissions caused by an owner, lessee or occupant on agricultural land when used for recreational purposes, when the injury relates to the property conditions. As … Continue reading
8. REVIEW OF FEES CHARGED IN OPERATIONS (+)
As mentioned in # 2 under ‘Recreational Use Statute, landowners owe a recreational guest, such as a hunter, no greater degree of care than is owed to a trespasser if there is no charge for entry. Our risk management practice … Continue reading
7. TRAINING, INSTRUCTION, PRACTICES AND PROTOCOLS (+)
It is critical that landowners take the time to instruct their guests about the safe operations of equipment on their property. When we conduct a risk management review, we assess these types of operations and provide our clients with instruction … Continue reading
6. DEVELOPING LEASE AGREEMENTS (+)
A written lease is an opportunity to provide an income stream for a landowner, but it can also lead to exposure to risk, misunderstandings, and disputes if important terms are not included. This can be especially true for hunting leases … Continue reading
5. PROVIDING QUALIFIED SIGNAGE (+)
The Texas Supreme Court has found that a failure to warn of a hidden, dangerous artificial condition can constitute gross negligence when the landowner is aware of both the presence of visitors and the hidden danger. A thorough risk assessment … Continue reading
4. DEVELOPING EFFECTIVE WAIVERS (+)
It is a common practice for landowners to obtain waivers from guests before they enter their property. The use of a waiver is also an opportunity to educate visitors about safety procedures and protocols, reducing the likelihood of injury or … Continue reading
3. QUALIFYING UNDER TEXAS HOMESTEAD LAW (+)
The Texas Property Code allows homeowners to designate their homesteads to protect them from a forced sale to satisfy creditors. This law does not, however, protect the homeowner from tax foreclosure sales of their homes for delinquent taxes. Our risk … Continue reading
2. QUALIFYING FOR STATUTORY PROTECTIONS (+)
Recreational Use Statute This law provides protection to landowners for damages or injuries suffered by anyone entering the property for “recreational purposes” (for a full list of what the law defines as ‘recreational purposes,’ CLICK HERE). This law is significant … Continue reading