Chapter 87 Liability Statute

Q: If I post the Texas Chapter 87 Equine Liability Act sign --- I don’t need liability insurance because I cannot be sued, right?

A: Posting the Chapter 87 liability sign does not absolve a farm owner or any person from liability or immunize anyone from being sued, but it does provide a defense in the event of a lawsuit. In order to get a lawsuit dismissed under Chapter 87, the defendant will still have to answer the lawsuit and file and successfully argue a motion for summary judgment.  Many motions for summary judgment under Chapter 87 are dismissed and the case must proceed to trial.  It’s good to have insurance because most liability insurance companies
will either pay the claim or pay the costs associated with litigating the matter and any judgment entered against the defendant. 

Can affidavits be used in lieu of testimony at trial?

Q:    There is someone whose testimony would benefit my horse case, but they would be uncomfortable testifying in court and they don’t want to get involved. Can I just get them to sign a notarized affidavit and use that in court?

A:    An affidavit is inadmissible in court because it would be hearsay unless the witness shows up to testify at trial, thus it cannot be used in lieu of testimony. You can only use an affidavit in court to impeach a witness. You might have the potential witness sign a notarized affidavit to ensure that they cannot change their story later on the stand.

If a witness has testimony that is necessary to your case, you can make them come to court and testify by having them served with a subpoena. However, if the witness lives far away from the court house, they might be out of the subpoena range.

Another alternative is to do a telephone or live deposition of the witness with a certified court reporter taking down the testimony. This tends to be expensive, but the deposition transcript and excerpts from the deposition are generally admissible in court even if the witness does not show up. If you do decide to do a deposition, you must give the other party notice so that they can ask questions at the deposition as well.

Can a horse trainer place a lien on a horse?

A: Texas Law has not recognized a lien for unpaid training fees. Under Texas law (Section 70.003 of the Texas Property Code), a trainer who also boards a horse might legally assert a lien for costs associated with the "care" of the horse that are at least 60 days past due.
 

What Happens When A Customer Does Not Pay A Stud Fee?

Q: A mare was bred to my stallion last year and I have confirmed that there is a live foal on the ground, but the mare’s owner still has not paid his stud fee. I have been unable to contact the mare’s owner. How can I get him to pay me?

A: If the foal is between 5-10 months of age, the stallion’s owner has a stock breeder’s lien on the foal under Chapter 70.201 of the Texas Property Code.  If the stud fee owed is less than $10,000 (the limit for JP/Small Claims court in Texas) he should bring suit in JP court in the county where the mare’s owner resides.  The stallion’s owner should ask the judge to award him the amount owed for the stud fee or, in the alternative, order the foreclosure of his lien under Chapter 70.  Foreclosure of the lien would mean a writ would be issued for the sheriffs to seize the foal so he can sell it at public auction.