Thursday, August 11, 2011

GET THOSE NEW SIGNS FOR LIABILITY PROTECTION

            For all our ranchers, farmers and veterinarians out there – rejoice - the Texas legislature has expanded Chapter 87 of the Texas Civil Practice & Remedies Code in ways important to YOU!
            In passing Senate Bill No. 479, Texas expands the liability protections previously afforded only to those engaged in activities defined as “equine.”  The Act, now called the “Texas Farm Animal Limitation of Liability Act,” defines “farm animals” to include: an equine animal, a bovine animal, a sheep or goat, a pig or hog, a ratite (which includes an ostrich, rhea or emu), and a chicken or other fowl. 
            In regular session, the 82nd Texas Legislature adopted the amendments to former “Texas Equine Limitation of Liability Act” to become effective immediately upon the requisite vote in the Texas House which occurred on June 17, 2011.  The new law applies to claims that accrue on or after June 17, 2011. 
            Using words like “shall” and “must,” farm animal professionals need to immediately obtain warning signs that state:
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.
            This goes for you too horsemen – get new signs!!
            For those involved with farm animals not equine in nature, the Act now includes activities of rodeos, “events that involve a farm animal,” and “handling, loading, or unloading” a farm animal.  Moreover, the Act now expressly covers veterinarian services, stating “farm animal activity means  . . . examining or administering medical treatment to a farm animal by a veterinarian.”
            Ranchers, farmers and equine professionals must obtain new signs containing the updated version of the Act’s warning language.  

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