Before you invite strangers onto your land, you might want to check out your liability release first. Tiffany Dowell-Lashmet, Texas A&M AgriLife Extension agent who specializes in agricultural law, explains that not all releases are enforceable.
It all depends upon the exact language in the release and the specific situation that’s going on, but I think there’s a myth out there. A lot of people think, ‘I’ll sign this release, and it doesn’t really matter,’ but the truth is, in Texas, releases can be enforceable if they comply with the law, Dowell-Lashmet said.
Two things are required under Texas law for a liability release. The first is the release must satisfy the express negligence doctrine. The second is the release must be conspicuous.
Basically, the release has to actually say one party releases the other party from claims of negligence, gross negligence and strict liability. You want to be very clear on what’s being released. As far as being conspicuous goes, you can’t just hide it in the fine print somewhere, Dowell-Lashmet said.
When it comes to gross negligence, a simple liability release may not be enough. Texas appellate courts are split on whether a liability release is enough, and the Texas Supreme Court has not yet weighed in on the issue.
Gary Joiner speaks to Dowell-Lashmet in Focus on Agriculture on the TFB Radio Network: http://bit.ly/1KdWo1n.