Current Problems (and Solutions) in Texas Personal Injury Suits Involving Motorists and Livestock

Date

2014

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Explores the strange legal world of livestock-in-the-road personal injury cases. In Part II, this Article will describe the historical background of ranching regulation in Texas. Part III examines the sources that create duties and obligations for owners of livestock. Part IV looks closely at the source texts to determine when, where, and what the statutes govern. In Part V, this Article discusses the standard(s) of care to which those responsible for livestock are held when their livestock causes injury to a motorist. Part VI considers the proper wording of a jury charge in these types of cases. In Part VII, this Article provides recommendations to the legislature, the Texas Supreme Court, and the State Bar of Texas that would provide clarity to this area of the law. Finally, Part VIII discusses the authors' global conclusions on several of the most troublesome issues.

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Keywords

Texas personal injury suits, Personal injury involving motorists, Personal injury involving livestock, Common-law duty to fence, Statutory liability, Highway provision, Stock law provisions, Standards of care under the Texas Agriculture Code, Jury charge, Texas Legislature, Texas Supreme Court, State Bar of Texas, Definition of permit

Citation

M. Shane McGuire and Brandon E. Beck, Current Problems (and Solutions) in Texas Personal Injury Suits Involving Motorists and Livestock, 47 Tex. Tech L. Rev. 223 (2014-2015)