Ask an Ag Attorney: Snake Bites on my Property?

0
276
Rattlesnakes one of Texas' venomous snakes.
photo by
Rattlesnakes one of Texas' venomous snakes.
photo by Casey Kanode

Question: If someone is bitten by a snake on my land, can I be held liable?

This is a great question, and as I was working, I came across a great quote in a Texas appellate court opinion that sort of summarizes this issue: “A good deal of the vegetation in Texas stings, sticks or stinks. Any number of insects and animals can hurt or even kill you.”

Answer:  Although liability is unlikely, it is possible under certain circumstances.

When a person is injured on the property of another, the injured party makes either a premises liability claim or a negligent act claim. If a person is bitten by a snake (or other wild creatures such as wasps or ants), this falls under the realm of a premises liability claim. The initial inquiry in any premises liability case is whether a duty exists between the plaintiff and defendant and whether the defendant breached that duty.

With regard to wild animals, Texas appellate courts have explained the duty owed by a landowner.  “Under ordinary circumstances, Texas landowners do not have a duty to warn their guests about the presence and behavior patterns of every species of indigenous wild animals and plants which pose a potential threat to a person’s safety as well as the extent of that threat. If a landowner was required to affirmatively disclose all risks caused by plants, animals and insects on his or her own property, the burden on the landowner would border on establishing an absolute liability.”

Now, importantly, courts have made clear that this is not an absolute rule—there could be exceptions under certain circumstances. For example, a landowner may be held liable for acts of wild animals if the landowner has reduced the animal to his or her possession and control or introduced a non-indigenous animal into the area. Further, if wild animals were found in artificial structures or places where they are not normally found such as stores or motel rooms, the landowner could be liable.

Most Texas courts considering this issue have found that a landowner owed no duty, even to an invitee, with regard to the acts of wild animals on the premises. Thus, even though courts agree that a duty could apply under the right factual circumstances, very few courts have actually confronted such circumstances and imposed such a duty.

In conclusion, the leading Texas case on this issue offers a good example of how this rule is applied. The plaintiff in Nicholson v. Smith filed suit against an RV park owner after the plaintiff was attacked by fire ants. The landowner knew the ants existed and had repeatedly tried to kill them. The court found, however, that because the ants were indigenous, because they were not an in artificial location and because the landowner did not reduce them to his possession, the landowner owed no duty to the plaintiff under these facts. Thus, the landowner could not be held liable.

[line]
by Tiffany Dowell Lashmet

Tiffany Dowell Lashmet grew up on her family’s farm and ranch in northeastern New Mexico. She holds a bachelor’s degree in Agribusiness (Farm and Ranch Management) from Oklahoma State University and a law degree from the University of New Mexico. She is licensed to practice in Texas and New Mexico.

These questions are compiled on her blog, “Questions from Tiffany’s Desk.”

 SUBMIT A QUESTION:
[email protected].

 You can follow her blog at www.agrilife.org/texasaglaw.

 Disclaimer: This article is for educational purposes only and not intended to provide any specific legal advice and does not create an attorney-client relationship between you and the author.