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Liability Waivers and Gross Negligence: Does My Liability Waiver Follow The Texas Express Negligence Doctrine?

Liability Waivers and Gross Negligence: Does My Liability Waiver Follow The Texas Express Negligence Doctrine?

by Nate Gilbert | Jun 10, 2021 | Business Law, Farm and Agricultural Law, Hunting Law, Real Estate

Liability waivers in Texas must contain both negligence and gross negligence in order to actually waive those liabilities under the Express Negligence Doctrine, that is, the party providing the waiver and seeking to be covered by the waiver must express in the waiver...
Landowner Liability: Duty to Trespassers

Landowner Liability: Duty to Trespassers

by Nate Gilbert | May 19, 2021 | Business Law, Farm and Agricultural Law, Hunting Law, Real Estate

An individual who enters onto the property of another without permission is classified as a Trespasser under Texas law.  Landowners owe the least duty of care to trespassers under landowner liability law, and essentially must simply refrain from intentionally causing...
Statutory Liability for Farms and Ranches in Texas: Do I Need a Hunting Lease Liability Wavier?

Statutory Liability for Farms and Ranches in Texas: Do I Need a Hunting Lease Liability Wavier?

by Nate Gilbert | Jul 27, 2020 | Farm and Agricultural Law, Hunting Law, Real Estate

Yes- Liability waivers are an absolute necessity when you are providing a service or recreational opportunity where there is any amount of risk involved to the participant, guest, or client.  Liability waivers explain these risks to the at-risk individual, and the...
Free Online Liability Waiver Templates: 3 Reasons Not To Use Them

Free Online Liability Waiver Templates: 3 Reasons Not To Use Them

by Nate Gilbert | Aug 12, 2019 | Farm and Agricultural Law, Hunting Law

1) A free online template will not apply to your business. The person (or computer program) who wrote the free online liability waiver template that you are trying to use for your specific business has no idea what your business is.  Does the template or form refer to...
What is a Liability Waiver? How Do I Write One For My Business?

What is a Liability Waiver? How Do I Write One For My Business?

by Nate Gilbert | Aug 5, 2019 | Farm and Agricultural Law, Fishing Law, Hunting Law

A very brief definition of a liability waiver is: A release of liability form is a document signed by individuals before engaging in a certain activity that limits the liability of the providers of that activity if the individual is hurt during the activity. Liability...

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