Liability with people and exotics

[EddieWalker]

My current plan for when I grow up is to create an event center on my land overlooking my pond. My thinking is that I can make money having weddings there and also rent it out for uses. What I really want is to raise exotic animals. Elk, axis deer, fallow deer, ibex and springbok are the animals I want to have. Here in TX it's a simple matter of getting them with very little regulations on raising them. I want to be able to take pictures of them and just see them when going for a walk. Then when they have babbies, sell off the excess animals just like I bought them. If possible, develop or raise some to trophy size and sell them to the big hunting ranches around the state.

My problem is that I can create two pastures. One would be about 30 acres, the other would be about 20 acres. There is no advantage to separating the animals from each other, they have all been chosen for their history of getting along and being grazers. The reason for the two pastures is it allows me to have a road to the pond where I will build the event center.

My question and concern is that if I combine both pastures, I can also add about ten more acres of land to the preserve by including the pond and the land around it. This would now create one preserve of about 60 acres with the 4 acre pond in it for watering the animals. Otherwise I would be using city water in about half a dozen stock tanks. This will allow me to have one handling facility and barn for the animals. It will probably be the exact same amount of fencing, so cost is about the same either way.

If I allow people into the preserve who have paid to rent the event center, does anybody know of liability issues? Exotics are considered livestock here in TX and fall under most of the same laws. I will buy insurance and do what they require, but so far, I'm just in the planning, learning and thinking stage. My concern is that somebody will try to pet or harass the animals and if cornered, somebody might get hurt. There is always that idiot at every wedding. Temporary fencing or low fencing to keep the people in a limited area that I can be sure they don't get too close to the animals like they do in the State Parks for camping is an option. Also keeping the animals wild and afraid of people is part of my plan.

Then the second concern is access into the preserve. There would be a gate to get into there, but when lots of cars are coming and going, it's impractical to keep somebody there all day opening and closing the gate. Or just leaving it open and somebody stays there to make sure none of the animals get out. My thought is to build an extra wide cattle guard. I'm finding images of them online, but nothing specific of what size and design. I'm thinking 4 inch pipe over a concrete ditch spaced about 4 inches between each pipe and 12 feet deep by about that wide or wider depending on the length of the pipe I buy.

Your thoughts?

Eddie

 

[GolfAddict]

I don't know how pasture and pasture grass do in Texas, but in cooler climates there is a real advantage to having separated pasture land. You can have them grazing in one, grazing it down, while the grass in the other is recovering and getting lush again, then rotate. Continually grazed pasture will not produce nearly as well. If you don't overgraze before rotating the cattle, the pasture recovers more quickly and robust. Back and forth...

I suppose herding exotics from one pasture to another could be a bit trickier than cattle...

 

[aczlan]

Given of what I have seen from people at a wedding or another event, I would keep them fenced away from people. Someone will do something stupid and get hurt (or they will hurt one of your animals).

Aaron Z

 

[nybirdman]

I have a friend that has elk,fallow deer,caribu,buffalo ect.Be warned they can and are VERY DANGEROUS.
Especially during the rut.He had a herd bull elk kill about everything in the pasture(75 acres).
He himself has had many close calls with the "horned beasts".This ain't Disney World.
Another fellow I know raised fallow deer;buck deer at 80lbs and full of horns and in the rut not good;I can't imagine a 600lb.bull elk in the same situation.

 

[Country Geek]

This is for NC but I would expect Texas would have a similar law:

Must I warn agritourism participants of anything?

Yes. To qualify for the liability limitations of N.C.G.S. § 99E-31, the operator must place at least one clearly visible warning sign at the entrance of the agritourism activity and additionally at the site where agritourism activities begin. More than one sign may be used. The warning sign must have black letters that are a minimum of one inch in height. The warning must read as follows:

“WARNING: Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.” N.C.G.S. § 99E-32(b).

(from: Agritourism)

 

[fishheadbob]

You will have wild animals mingling with drunks at a wedding,along with a pond for the drunks to drown in. If I owned an insurance company I would not write a policy with that combination.
You may want to find a way to keep the two enterprises separate ?

 

[Country Geek]

You will have wild animals mingling with drunks at a wedding,along with a pond for the drunks to drown in. If I owned an insurance company I would not write a policy with that combination.
You may want to find a way to keep the two enterprises separate ?

There is a "barn wedding" facility down the road from me. They have a pond. They forbid brown-bagging, require renters who want to serve alcohol to get a permit from the state ABC and hire a caterer who provides a bartender, and to get and pay for a "single-event liability policy."

I have also seen on their google reviews that they are quick to kick guests out for violating their alcohol policy.

None of that has kept the place from being booked solid for the next year, in fact it's so successful that someone else noticed and is opening up a similar place down the road.

So I think between that and the agritourism laws I cited above (assuming Texas has them too) Eddie could manage the risk.

 

[sseelhoff]

House Bill 1203 is pending this session.

84(R) HB 1203 - Introduced version - Bill Text

You need to post a warning sign and obtain a signed release under this bill.

 

[MossRoad]

From my friends that raise livestock, I'd think you'd want at least two pastures. Letting one pasture rest to prevent overgrazing and the ability to move the animals into one when you need to do maintenance in the other; work on fence, clean out poop, work on ponds, etc...

As for letting people mingle with the animals... I'd be pretty leery of that. Heck, even a finger through a fence that gets nibbled on could land you in court.

 

[Industrial Toys]

I remember seeing one of those court shows. It was of a wedding and ont of the children of one of the guests was outside the church horsing around unsupervised during the ceremony. He hurt himself on some pipe or part of an old railing. The Church was found liable!

There are millions of have-nots that will use any excuse in the book to take something from the haves and the courts will be on their side, because there is only one side they can take the money from and support this whole industry!