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§ 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

In one sentenceSection 87.003 relieves everyone involved in a farm animal activity or livestock show of liability for injury from five inherent risks, including animal propensity, unpredictability, and participant negligence.

Full Text of § 87.003

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Except as provided by Section 87.004, 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 the personal injury or death of a participant in a farm animal activity or livestock show if the property damage, injury, or death results from the dangers or conditions that are an inherent risk of a farm animal, a farm animal activity, the showing of an animal on a competitive basis in a livestock show, or the raising or handling of livestock on a farm, including:
(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 the animal, handling the animal, or otherwise around the animal;
(2)the unpredictability of a farm animal's or livestock animal's reaction to sound, a sudden movement, or an unfamiliar object, person, or other animal;
(3)with respect to farm animal activities involving equine animals, certain land conditions and hazards, including surface and subsurface conditions;
(4)a collision with another animal or an object; or
(5)the potential of a participant to act in a negligent manner that may contribute to injury to the participant or another, including failing to maintain control over a farm animal or livestock animal or not acting within the participant's ability.
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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 sponsorare 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.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source