Friday, April 16, 2010

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.