Editors Note: Thanks go to Tiffany Dowell Lashmet for permission to run this excellent article on the Texas Agritourism Act. Tiffany is an Assistant Professor and Extension Specialist specializing in Agricultural Law with Texas A&M Agrilife Extension. Many, if not most, states now have agritourism acts that help to provide liability protection for owners of agricultural land who allow its use for educational or recreational activities. Be careful to note the requirement of waivers of liability. This article was originally published in the Texas Agricultural Law Blog.
By Alexander “Sandie” Pendleton
A reader of my website, ReleaseLaw.com recently raised the following question:
Suppose a recreational business is trying to decide whether it should institute a new policy, requiring its employees to receive first-aid training. The worry or concern the business has, however, is that if it arranges for such training, and one of its employees then provides first aid unsuccessfully or inadequately, is that going to result in the business getting sued,
Editor’s Note: We already know that risks abound in sport and recreational activities. There are, however, many defenses available that can serve as protection from liability. A major defense that is sometimes available for providers is immunity. Immunity comes in many forms, but today’s article focuses on immunity that is available for a particular sport – skateboarding. Similar immunity statutes exist in some states for other activities (e.g., snow mobiling, equine activities, sport shooting, outfitters and guides,
On July 21, 2011, a Wisconsin Circuit Court granted summary judgment to Trek Bicycle Corporation in a lawsuit arising out of a mountain bike accident. The plaintiff in the case had sustained the permanent loss of the use of his legs due to an accident that occurred on a mountain bike trail system that was established and maintained by Trek.
By Alexander “Sandie” Pendleton of KMK
On March 1, 2011, the Wisconsin Court of Appeals upheld a lower court decision granting summary judgment to a snowmobile club and county government that jointly maintained a northern Wisconsin snowmobile trail system.
The case, Milton v. Washburn County, arose out of a snowmobile accident that occurred when the plaintiff and his passenger unexpectedly encountered a locked gate on an “access trail” leading to and from the main trail system.