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

Abstract

Anyone who has lived in a rural area of Texas has heard the following story: “I was driving home late at night. It was pitch black out, when all of a sudden: Boom! I hit a cow standing in the middle of road. I couldn't see it until it was too late.” These situations are not trivial. In fact, a 1,350-pound cow in the road can cause as much damage to an automobile as a serious two-car accident. Sometimes, the driver of the car files a lawsuit against the owner of the cow.

This Article 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.

Keywords: tort law, civil procedure, agricultural law, Texas