§ 87.003.Limitation on Liability
Title 4. Liability in Tort · Chapter 87. Liability Arising from Farm Animals · Last amended 2021 · Last verified August 29, 2026
Full Text of § 87.003
Plain-English Summary
The limitation, and both its breadth and its list of risks are notable.
Except as the exceptions section provides, all persons — including a farm animal activity sponsor, farm animal professional, farm owner or lessee, livestock producer, livestock show participant, or livestock show sponsor — are not liable for property damage or damages arising from personal injury or death of a participant, if it results from one of five inherent risks.
"All persons" is unusually wide. The named categories are examples, not a closed class, so anyone can invoke the limitation.
The five risks:
(1) the propensity of a farm animal or livestock animal to behave in ways that may result in personal injury or death to a person on, handling, or around the animal. (2) the unpredictability of the animal's reaction to sound, a sudden movement, or an unfamiliar object, person, or other animal.
(3) for equine activities, certain land conditions and hazards, including surface and subsurface conditions. (4) a collision with another animal or an object.
(5) the potential of a participant to act in a negligent manner that may contribute to injury to themselves or another, including failing to maintain control over the animal or not acting within the participant's ability.
The fifth is the striking one. Another participant's negligence is treated as an inherent risk of the activity, so an injury caused by a fellow rider losing control is within the limitation.
Frequently Asked Questions
Who is protected by the farm animal chapter?
All persons, including sponsors, professionals, farm owners and lessees, livestock producers, and livestock show participants and sponsors. The named categories are examples rather than a closed class.
What are the inherent risks?
An animal's propensity to behave dangerously, its unpredictable reaction to sound, movement, or unfamiliar things, certain land conditions in equine activities, a collision with an animal or object, and the potential of a participant to act negligently.
Does it cover another participant's negligence?
Yes. The fifth inherent risk is the potential of a participant to act negligently, including failing to control an animal or not acting within their ability.
Amendment History
- Added by Acts 1995, 74th Leg., ch. 549, Sec. 1, eff. Sept. 1, 1995.
- Amended by Acts 2001, 77th Leg., ch. 1108, Sec. 3, eff. Sept. 1, 2001.
- Amended by:
- Acts 2011, 82nd Leg., R.S., Ch. 896 (S.B. 479), Sec. 3, eff. June 17, 2011.
- Acts 2021, 87th Leg., R.S., Ch. 219 (H.B. 365), Sec. 4, eff. September 1, 2021.