Texas Attorney General Opinion. Land Owner Liability.

What question is being answered: whether Chapter 75, Title 4 of the Civil Practice and Remedies Code appl[ies] to private property owners on whose property agro-tourism related private aircraft lands.

What is the answer:  Yes, if:

  • a property owner conducting agritourism on his or her agricultural property invites or grants permission to individuals to enter the premises of the property for recreation
  • and, if all other elements of chapter 75  are met
  • that would include injuries or damages due to the landing of private aircraft

 

What else did we learn?

  • There is no definition of “agro tourism” in Chapter 75, Civil Practices and Remedies, 

KP-0218 (2018)