Legal Question in Product Liability in Texas

Horse damages vehicle possibly in own pasture.

We are currently running our horses on 26 acres but do not own all of it. The man who owns the rest of it has asked us to run our horses on all of it for his tax purposes and so our horses would have more grazing area. He has recently sold a two acre plot in front of us. Doing this has split the 26 acres. We have six then there is the two acre plot that was sold and then there is the unsold property in front of that. The couple that bought the two acres in front of us are cross fencing. While they were cross fencing our horses were lose in the pasture because they have permission to be there. When the couple was cross fencing our horses went to see what they were doing and supposedly damaged their truck. We had told the couple on numerous occasions to let us know when they were going to cross fence and we would be more than glad to put the horses in a pen so the horses would not bother them. The couple has trespassed on our property to put up their fence and while they were putting up their fence they left rolls of barb wire stranded out, a bucket, a wooden post, beer bottles and beer caps on our 6 acres. The couple had time to take picutres but not stop the animals.


Asked on 4/05/09, 12:12 pm

1 Answer from Attorneys
Charles Williamson Charles J. Williamson, Attorney At Law

Re: Horse damages vehicle possibly in own pasture.

First, the horses no longer had permission to be on the two acres that were sold. The former owner gave you that permission - not the new owners. Hence, the horses were trespassing on their property when they caused the damage to the truck. That makes you liable for the truck damages.

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Answered on 4/05/09, 12:44 pm


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