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Recent changes to Farm Animal Liability Act take effect Sept. 1
By Jim Bradbury & Courtney Smith
James D. Bradbury, PLLC
Among the legislation passed by the Texas Legislature this year are important amendments to the Texas Farm Animal Liability Act (FALA). These changes were in direct response to the Texas Supreme Court’s June 2020 decision in Waak v. Rodriguez. In that case, the Court held that FALA did not apply to limit liability for the death of a ranch hand who was trampled by a bull. The Court reasoned that ranch hands were not “participants” under FALA, and the ranchers were not “farm animal activity organizers.” As such, FALA did not protect the ranchers.
The Texas Legislature, through a bill introduced by State Rep. Andy Murr, responded clarifying that FALA indeed applies to all manners of farm animal activities, including employees and independent contractors. FALA is found in Chapter 87 of the Texas Civil Practice and Remedies Code. The amendments, which take effect Sept. 1, include expanding the definition of what constitutes “engaging in a farm animal activity.” The new law adds “feeding, vaccinating, exercising, weaning, transporting, producing, herding, corralling, branding, or dehorning of, assisting in or providing health management activities” to the list. The amended law also clarifies that the term includes “engagement in routine or customary activities on a farm to handle and manage farm animals.”
The new FALA also added “farm” as a defined term, which includes “any real estate, land area, facility, or ranch used wholly or partly for raising, cultivating, propagating, fattening, grazing, or any other farming livestock, agricultural, apicultural, or aquacultural operation.” Further, FALA expanded the definition of “farm animal activity” to include owning, raising or pasturing a farm animal, transporting or moving a farm animal, assisting in or providing health management activities, or conducting or assisting with customary tasks on a farm concerning farm animals. Additional changes were made to ensure anyone who owns, cares for, transports, or assists in any way with customary tasks on a farm concerning farm animals is covered. Finally, in direct response to the Waak case, the amended FALA broadens the term “participant” to expressly include independent contractors and employees and clarifies that nothing affects an employer’s ability to refuse to subscribe to the worker’s compensation system.
The limitations on liability make clear that they are intended to apply not only to “farm animal professional” as defined by the Act but also any “farm owner or lessee.” Importantly, to make use of these protections, the farm animal professional, farm owner or lessee must post the requisite warning in certain specified locations. These protections are essential for those owning, operating, or handling farm animals. The amendments to FALA are a positive step in helping agricultural operators and producers manage and mitigate liability for activities involving farm animals.