Source: Texas Agriculture Law Blog
Can a rancher be held liable if dust from his property is blown across the highway causing decreased visibility resulting in a car accident?
There is no law in Texas that prevents landowners from being found negligent if a plaintiff can prove:
- the defendant owed a duty to the plaintiff
- the defendant breached the duty
- the defendant’s breach was the proximate cause of plaintiff’s damages
- damages
By far the most difficult for plaintiffs to prove is causation. If, however, a plaintiff were to offer adequate proof that the landowner’s action was the proximate cause of the plaintiff’s injury, the landowner could be liable.
Landowners should exercise care anytime they are working near a roadway if the risk of dust impacting nearby drivers exists. Landowners who act reasonably under the factual circumstances will not be found to have breached their duty.
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