As a general rule, a ranch or farm landowner is not liable for injuries caused by wild animals. However, there are some circumstances where the landowner may become liable to certain guests who are invited or allowed to enter the property. This may be further altered by state Recreational Use Statues.
The Doctrine of Ferae Naturae
Dating back to English common law, the Doctrine of Ferae Naturae holds that property owners are not liable for harm caused by animals that are natural to the land. The rule applies to reptiles and insects as well. So if you are hunting and a rattlesnake bites you or a brown recluse bites you, the landowner is not liable so long as the creatures were indigenous to the land. In short, the law expects you to be as familiar with the natural inhabitants and the landowner. However, the rule does not apply to non-indigenous animals.
Duty to Invitees vs Trespassers For Wild Animals
Before a landowner can be held responsible under premises liability law in any case, a duty must arise under the law. As a general rule, when someone trespasses onto another’s property, the property owner owes no duty to the trespasser other than a duty not to intentionally cause harm. (There is an exception for self-defense which varies from state to state.) If the person is a licensee—someone coming onto the property to sell something but uninvited, they are treated like trespassers. However, if the person was an invited guest or someone given permission to be there, there are some duties that may arise and can trigger liability for the actions of domestic and/or exotic animals.
Domestic Animals
As a general rule, if the landowner brings animals onto the land, then the animals are treated as the person’s property. This means that the landowner can be legally responsible if the animal has a dangerous or vicious tendency that the landowner is aware of and fails to warn an unaware guest. For example, if a domestic pig has a tendency to charge people and bite, the landowner may be liable for failure to warn a guest on the property if the guest is permitted to encounter the pig. This would apply to pets, livestock, and other animals kept by the owner. With regard to dogs, some states go by the one-bite rule while others impose strict liability for dogs. In One Bite Rule states, the laws for animal liability are generally the same for all domestic animals. The owner is only liable if he is aware that the animal is dangerous and fails to either warn the guest or lock the animal up. In strict liability states, the landowner may be held liable if his dog bites someone who is not trespassing regardless of any warning or precautions taken.
Exotic Animals
Landowners who keep exotic pets or exotic games on their land can be liable if the animals have naturally dangerous tendencies. The landowner’s duty may be simply to warm if someone is entering the property and exotic animals known to be dangerous are present. If the exotic animals are kept in a cage and get loose, the landowner will be strictly liable for the animal’s conduct in most cases. Many states, including Texas, require special licenses and permits to keep or transport certain exotic animals. Thus, keeping an exotic dangerous animal that is prohibited or not properly licensed could result in serious jail time. Some are felony charges.
Recreational Use & Farm Animal Activities
Some states like Texas, have adopted a Recreational Use Statute. These statutes are designed to further limit landowner liability when a landowner gratuitously allows someone to use their property for recreation activities. Under a recreational use statute, a landowner owes the same duty of care to a gratuitous recreational user that he owes to a trespasser. Thus, if you are on someone’s land for a recreational activity that qualifies, and you are not being charged a fee to be there, your case will likely have to prove that the owner caused your harm intentionally–which will usually exclude you from insurance coverage. Additionally, the Farm Animal Activity Act limits liability for injuries suffered by people who voluntarily participate in an animal activity or livestock show. It is similar to the Recreational Use Statute but aimed at livestock and rodeo activities.
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