Warning: No Protection in Texas from Dangerous Farm Animal Activities


Protection for Texas Farm Animal ProfessionalsFrom Texas comes this warning sign that:

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 risk of farm animal activities.

First, we notice the evolution of the term “professional” in modern society.  Originally, there were only three professions: clergy, lawyers, and doctors.  Over time, the number of groups laying claim to the title of a “professional” has expanded to include architects, engineers, pharmacists, et cetera.  Add to that list “farm animal professionals.”

Not sure of the history of the referenced statute, but it would be interesting to see if the dangerous “farm animal activities” that relieve farm animal professionals from death or injury is defined.  Logically, those activities would include things like mules kicking, horses rearing, bulls charging, and the like.

But what if the farm animal professional has notice of the animal’s dangerous propensity?  Does this change the result under the statute?  (It might.  I haven’t looked at it.)  Or what if, following in Gary Larson’s Far Side footsteps, the farm animals band together and decide to participate in more dangerous activities, such as racing all-terrain vehicles or shooting off fireworks?

–Thanks to Peter Dawson.

1 comment to Warning: No Protection in Texas from Dangerous Farm Animal Activities

  • Mary

    Professional is only one word in this law that churns my brain tenfold. There are two separate “warnings” to be used on printed forms and on signs, with overlapping definitions of how to use each one. I am so confused as to which one is correct for a large group of friends who are not professional riders/drivers to get together to ride on farm land, enjoy a catered lunch and call it a day! One sign refers to farm animal activities but for professionals and the other to livestock sponsors. Livestock includes horses but only in an arena or such. Its a toss up as to which one to use the way it is defined and worded.

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Andrew Jay McClurg is a law professor whose teaching and research interests include tort law, products liability, legal education, privacy law and firearms policy. He holds the Herbert Herff Chair of Excellence in Law at the University of Memphis Cecil C. Humphreys School of Law.
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