Kind of a legal question here. I own property that is leased out for grazing to another guy for cattle. If one of his cows escapes onto the road and is struck by a vehicle am I liable? Should I carry insurance on the property?
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Originally posted by kcnatural View PostKind of a legal question here. I own property that is leased out for grazing to another guy for cattle. If one of his cows escapes onto the road and is struck by a vehicle am I liable? Should I carry insurance on the property?
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My answer? Whether or not you can be held liable has nothing to do with the law. It is dependent upon where you live and whether or not you can get a jury of your peers. I live in Travis County and don't stand a chance of ever getting a jury of my peers.
Yes, you should have liability insurance on ALL property you own.
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Not all homeowners policy will allow you to add farm liability coverages. You may well need to get a separate policy. The cost will be related to your total acreage, and of course the amount of coverage you want to carry. As a general rule, you won’t be looking at a large bill. Definitely worth the protection. Even if you’re not found liable, you can be sued. The insurance carrier will provide their lawyers for your protection.
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Thanks everyone. I already have insurance on the place. I was texting/negotiating with my insurance agent over email. Her selling point was if a cow got out I would be liable even if it's not my cow. I was nitpicking the whole policy which includes my home and farm liability. I got on the green screen and asked the question about needing the insurance while she was breaking the policy down.
The farm liability is $18 a month for 320 acres so its a no brainer.
Thanks again
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Most homeowners policies won't extend liability to a property if there is a man made structure(a fence is considered man made) on that property. Like mention above a farm liability policy is the way to go and should not be a large premium.
Also, like mentioned above that if it is not a reoccurring problem then you should not be liable for a cow getting out.
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Originally posted by kcnatural View PostKind of a legal question here. I own property that is leased out for grazing to another guy for cattle. If one of his cows escapes onto the road and is struck by a vehicle am I liable? Should I carry insurance on the property?
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Who’s liable? The attorney for the injuried party will sue everybody- you, the lessee, and whoever installed the fence if it has a metal fence company marker on it.
I would carry a liability policy, especially if you have assets they can go after. If you’re broke and have no insurance, no lawyer will take the case on a contingency payment basis.
Have you ever looked at setting up an LLC in the name of the property, which separates you from any liability claims? Just an idea- I’m not a lawyer nor know anything about Texas law.
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You could be an additional insured on your lessee’s policy, but you’re still trusting the lessee to keep the policy in place (ie pay for it and not cancel it). I have a farm policy of my own in place (although I run my own cattle), and the liability is dirt cheap.
The property insurance on the house and barns, on the other hand, is getting ridiculous down here.
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