Case Law Index Landowner Liability
January 1, 1985 – August 29, 2023
This index provides a comprehensive though not necessarily exhaustive compilation of reported and unreported federal and state court decisions involving Landowner Liability that were decided between the dates listed above. The cases are listed in reverse chronological order.The “Text” link goes to the freely available Google Scholar text of the opinion. These listings are for educational purposes only, and are not a substitute for legal counsel.
Editor’s Note: This index reflects only those Landowner Liability cases that deal with agricultural facts or agriculture issues. It should be remembered that non-agricultural facts or non-agriculture issues might be more analogous to a practitioner’s fact situation and should also be consulted.
FIRST CIRCUIT
Garvine v. Maryland, No. CV JMC-17-01013, 2018 WL 4206935 (D. Md. Sept. 4, 2018) (plaintiff fell off horse while participating in charity horse ride)
Zuckerman v. Coastal Camps, Inc., 716 F.Supp.2d 23, 2010 WL 2301145 (D. Me. 2010) (Maine Equine Activities Act) Text
Second Circuit
United States v. Andrews, No. 3:20-CV-1300 (JCH), 2023 WL 4361227 (D. Conn. June 12, 2023) (Landowner violated CWA by discharging a pollutant from a point source into waters of the United States without a required permit) Text
THIRD CIRCUIT
Garcia v. Mt. Creek Riding Stable, 2021 U.S. Dist. LEXIS 111961 (M.D. Pa. 2021) (Plaintiff thrown from horse after ignoring spoken instructions)
Zenith Ins. Co. v. Wells Fargo Ins. Servs. of Pennsylvania, Inc., No. CIV.A. 10-5433, 2014 WL 54450 (E.D. Pa. Jan. 7, 2014)(struck by cow at bed and breakfast) Text
DeShields v. Int’l Resort Properties Ltd., 463 F. App’x 117 (3d Cir. 2012)(while vacationing rider was injured on horse trail ride) Text
Hickerson v. New Jersey, No. 08-1033 (AET), 2009 WL 3296529 (D.N.J. Oct. 13, 2009) (claim that state wildlife area was injuring organic farmland) Text
Mest v. Cabot Corp., 449 F.3d 502 (3d Cir. 2006) (tolling statute of limitations for discovery of land contamination) Text
Reynolds v. Rick’s Mushroom Serv., Inc., 246 F.Supp.2d 449 (E.D. Pa. 2003) (Clean Water Act) Text
United States v. Brace, 41 F.3d 117 (3d Cir. 1994) (alleged violation of Clean Water Act) Text
FOURTH CIRCUIT
Rawl v. Dick’s Sporting Goods, Inc., 2021 U.S. Dist. LEXIS 110914 (D. S.C. 2021) (no premises liability for faulty tree stand brought onto the property by Plaintiff)
Marks v. Scottsdale Ins. Co., 791 F.3d 448 (4th Cir. non-member of hunting club sued hunting club and insurer over being shot by member) Text
Maloney v. Duke Energy Carolinas, LLC, No. CA 8:11-381-HMH, 2011 WL 1343388 (D.S.C. Apr. 8, 2011)( injuries after falling from a rope swing) Text
United States v. Rinaudo, 684 F. Supp. 2d 675 (E.D.N.C. 2010) (prohibition on nudity not unconstitutional in wildlife refuge) Text
Am. Canoe Ass’n v. Murphy Farms, Inc., 326 F.3d 505 (4th Cir. 2003) (Clean Water Act) Text
FIFTH CIRCUIT
Longino v. U.S. Dep’t of Agric., 912 F. Supp. 2d 424 (W.D. La. 2012) (horse rider electrocuted by low hanging line) Text
Allement v. Ameristep Corp., No. CIV.A. 11-713-BAJ-CN, 2012 WL 676456 (M.D. La. Jan. 26, 2012) report and recommendation adopted, No. CIV.A. 11-713-BAJ-CN, 2012 WL 672583 (M.D. La. Feb. 29, 2012) (deer hunter sued landowner after falling out of deer stand)
Albert v. Peavey Co., No. 04-1611, 2009 WL 321934 (E.D. La. Feb. 6, 2009) (burden of establishing “generally accepted ag practices”)
Woods v. United States, 909 F. Supp. 437 (W.D. La. 1995) aff’d, 84 F.3d 432 (5th Cir. 1996) (alleging government’s failure to warn of possible danger at lake) Text
Brown v. Scott Paper Co., 684 F. Supp. 1392 (S.D. Miss. 1987) (negligence action; “simple-negligence” exception) Text
Harlan v. Frazier, 635 F. Supp. 718 (W.D. La. 1986) aff’d, 811 F.2d 601 (5th Cir. 1987) and aff’d, 811 F.2d 601 (5th Cir. 1987) (immunity of recreational landowner) Text
SIXTH CIRCUIT
Mobley v. United States, No. 3:15-CV-69, 2016 WL 5930957 (S.D. Ohio Oct. 12, 2016) (under the West Virginia Recreational Use Statute the U.S. was not liable when plaintiff was injured at national park)
Wales v. Farmers Stockyards, Inc., No. 5:14-CV-394-JMH, 2016 WL 927178 (E.D. Ky. Mar. 10, 2016) (child fell off catwalk while viewing livestock at stockyard; claim of common law negligence) Text
Smith v. Holler Crawlers Off-Rd. Club, Inc., No. CIV. 6:13-200, 2014 WL 4795031 (E.D. Ky. Sept. 25, 2014) (atv operator injured by underage operator) Text
Malburg v. Grate, No. 11-14856, 2014 WL 4473786 (E.D. Mich. Sept. 9, 2014) (farm worker injured by tractor trailer while loading pigs) Text
Malburg v. Grate, No. 11-14856, 2013 WL 4784436 (E.D. Mich. Sept. 6, 2013) (farm worker injured by tractor trailer while loading pigs) Text
Meridan Citizens Mut. Ins. Co. v. Horton, No. 5:08-CV-302-KKC, 2010 WL 1253084 (E.D. Ky. Mar. 25, 2010) (coverage of insurance policy) Text
Young v. McCord, No. 05-358-KSF, 2007 WL 2407268 (E.D. Ky. Aug. 20, 2007) (proof of ownership of bull roaming “at large”) Text
Lawson v. Dutch Heritage Farms, Inc., 502 F.Supp.2d 698 (N.D. Ohio 2007) (state equine activity liability act) Text
Gardner v. Simon, 445 F.Supp.2d 786 (W.D. Mich. 2006) (state equine liability act) Text
Bradshaw v. Tri-County of Sw. Michigan Snowmobile Club, 1:93-CV-834, 1994 WL 841291 (W.D. Mich. Dec. 20, 1994) aff’d, 82 F.3d 417 (6th Cir. 1996) (negligence action)
SEVENTH CIRCUIT
Test Drilling Serv. Co. v. Hanor Co., Inc., 322 F.Supp.2d 965 (C.D. Ill. 2004) (property damage) Text
Ansick v. Hillenbrand Indus., Inc., 933 F. Supp. 773 (S.D. Ind. 1996) (guest’s action against owner of recreational farm) Text
EIGHTH CIRCUIT
Lauing v. Rapid City, Pierre and E. R.R., Inc., 610 F. Supp. 3d 1203 (D.S.D. 2022) (negligence action against railroad arising from fire that allegedly spread from railroad’s right-of-way to landowner’s pastureland) Text
Moss v. United States, No. 4:12-CV-4030, 2017 WL 1158087 (W.D. Ark. Mar. 28, 2017), aff’d, 895 f.3d 1091 (8th Cir. 2018) (campers died when campsite flooded; federal government immune under Arkansas Recreational Use Statute).
In re Hammen, 399 B.R. 867 (Bankr. N.D. Iowa 2009) (liability for building pond that encroached on neighbor’s property) Text
Bailly v. Thompson, No. 06-4925 (RHK/AJB), 2008 WL 2229022 (D. Minn. May 27, 2008) (duty of care owed to entrants) Text
King v. Turtle River Riding Ranch, CIV A2-98-98, 1999 WL 33283360 (D.N.D. June 8, 1999) (horseback rider’s action for personal injuries)
NINTH CIRCUIT
U.S. v. Marble Mt. Ranch, Inc., 2023 WL 4273933 (E.D. Cal. June 29, 2023) (joint tenants as absentee landowners who never collected any rent or income from property and were not involved in the day-to-day operations are not liable for common law negligence or trespass by fire) Text
Stringer v. United States Dep’t of Agric., 691 F. App’x 381 (9th Cir. 2017) (Oregon recreational use statute bared claim by snowmobiler injured in national forest)
Winters v. United States, 655 F. App’x 547 (9th Cir. 2016) (motorcyclists injured when he hit a pothole on the road in national forest; federal government immune under California recreational use statute)
Mohler v. Kipu Ranch Adventures, LLC, No. CIV. 13-00611 JMS, 2014 WL 5817538 (D. Haw. Nov. 7, 2014) (atv injury while on tour)
United States v. Sierra Pac. Indus., 879 F. Supp. 2d 1096 (E.D. Cal. 2012) (fire that spread onto federal lands) Text
Diamond State Ins. Co. v. Deardorff, No. 1:10-CV-004 AWI JLT, 2011 WL 1459018 (E.D. Cal. Apr. 15, 2011) (Subrogation claim against boarder of horses for deaths that occurred)
Adams v. United States, No. 03-0049-E-BLW, 2010 WL 1248286 (D. Idaho Mar. 24, 2010) (denying motion for new trial) Text
Britz Fertilizers, Inc. v. Bayer Corp., 665 F.Supp.2d 1142 (E.D. Cal. 2009) (claim for indemnity; damages from pesticide application) Text
Ellwood v. United States, No. 07-6225-TC, 2009 WL 3125480 (D. Or. Sept. 25, 2009) (recreational use statute)
Red Rivers Farms v. United States, No. CV 08-2078-PHX-NVW, 2009 WL 2983195 (D. Ariz. Sept. 25, 2009) (reimbursement for oil spill clean up costs) Text
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 2515848 (D. Idaho Aug. 11, 2009) (denying motion to limit testimony of crop expert witnesses in pesticide drift case) Text
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 2584825 (D. Idaho Aug. 8, 2009) (denying agency’s motion for judgment on liability issue)
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 2391982 (D. Idaho Aug. 2, 2009) (motion to exclude expert witness in pesticide drift case)
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 2391996 (D. Idaho Aug. 1, 2009) (denying motion to strike expert witnesses)
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 2139699 (D. Idaho July 14, 2009) (dismissal of fraud claim that drift pesticide would not persist in soil) Text
Adams v. United States, No. CV-03-49-E-BLW, 2009 WL 1758417 (D. Idaho June 18, 2009) (denial of motion to exclude testimony of crop experts) Text
Adams v. United States, No. CV-03-49-E-BLW, 2009 WL 1705671 (D. Idaho June 16, 2009) (objections to deposition of crop expert)
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1532282 (D. Idaho May 29, 2009) (challenging expert witness in pesticide drift case)
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1505280 (D. Idaho May 26, 2009) (denial of motion to exclude evidence in pesticide drift case)
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1505569 (D. Idaho May 22, 2009) (denial of motion to exclude testimony of crop damage experts)
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1371000 (D. Idaho May 13, 2009) (motion to exclude evidence in pesticide drift case)
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1324227 (D. Idaho May 7, 2009) (denying motion to exclude expert testimony) Text
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1269732 (D. Idaho May 6, 2009) (granting motion to exclude subsequent remedial measures evidence) Text
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1269725 (D. Idaho May 5, 2009) (granting exclusion of evidence in pesticide drift case) Text
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1259025 (D. Idaho May 4, 2009) (issue preclusion) Text
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1259019 (D. Idaho May 3, 2009) (motion in limine in pesticide drift case)
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1148232 (D. Idaho Apr. 27, 2009) (denying motion to exclude expert testimony)
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1117392 (D. Idaho Apr. 23, 2009) (denial of production of estimates on pesticide drift damages’ sheets) Text
Adams v. United States, No. 03-0049-E-BLW, 2009 WL 1079065 (D. Idaho Apr. 22, 2009) (motion to deny expert testimony of weed scientist)
Schmidt v. Hoover, No. C. 08-5809 PJH, 2009 WL 1011715 (N.D. Cal. Apr. 15, 2009) (open space; injuries caused by bull trampling)
Adams v. United States, 662 F.Supp.2d 996 (D. Idaho 2009) (motions to exclude certain evidence and other claims in pesticide drift case)
Adams v. United States, No. 03-0049-E-BLW, 2008 WL 5429801 (D. Idaho Dec. 31, 2008) (motion for protective order; motion to strike witnesses in pesticide drift case)
Adams v. United States, No. 03-0049-E-BLW, 2008 WL 4998393 (D. Idaho Nov. 21, 2008) (motion to exclude some expert testimony) Text
Adams v. United States, No. 03-0049-E-BLW, 2008 WL 2704553 (D. Idaho July 3, 2008) (discovery disputes in pesticide drift case)
Adams v. United States, No. 03-0049-E-BLW, 2008 WL 346017 (D. Idaho Feb. 6, 2008) (motion to exclude evidence and testimony in pesticide drift case) Text
Adams v. United States, No. 03-0049-E-BLW, 2006 WL 3314571 (D. Idaho Nov. 14, 2006) (discovery disputes in pesticide drift case) Text
O’Toole v. United States, 295 F.3d 1029 (9th 2002) (negligent maintenance of irrigation system) Text
King v. CJM Country Stables, 315 F.Supp.2d 1061 (D. Haw. 2004) (recreational use statute) Text
Hiebenthal v. Meduri Farms, 242 F.Supp.2d 885 (D. Or. 2002) (Clean Water Act)
Comm. Ass’n for Restoration of the Env’t v. Henry Bosma Dairy, 305 F.3d 943 (9th Cir. 2002) (Clean Water Act) Text
Neal v. Bently Nevada Corp., 771 F. Supp. 1068 (D. Nev. 1991) aff’d, 5 F.3d 538 (9th Cir. 1993) (alleged negligence) Text
TENTH CIRCUIT
Allen v. Env’t Restoration, LLC, 32 F.4th 1239 (10th Cir. 2022) (Clean Water Act required using point source state’s statute of limitation where farmers’ and ranchers’ alleged state law negligence claim from contaminated water release against EPA contractor)
Canody v. United States, 2021 U.S. Dist. LEXIS 39868 (D. Colo.) (state premises liability act) Text
Leslie v. BNSF Ry. Co., No. 1:16-CV-1208-JCH-JHR, 2019 WL 4279177 (D.N.M. Sept. 10, 2019) (Plaintiffs hit cow on roadway; action against cow owner and railroad because alleged cow jumped over gate owned and maintained by railroad) Text
Welch v. Cabelka, No. 07-6298, 2008 WL 5160109 (10th Cir. Dec. 10, 2008) (wrongful death; driver hitting a wheat drill)
Christensen v. United States, No. 07-4133, 2008 WL 2694059 (10th Cir. July 9, 2008) (no breach of duty to protect against horse tripping)
Valley View Angus Ranch v. Duke Energy Field Serv., LP, No. CIV-04-191-D, 2009 WL 1902435 (W.D. Okla. Apr. 25, 2008) (real party in interest to bring a nuisance claim) Text
Christensen v. United States, No. 2:05CV55DAK, 2007 WL 1467347 (D. Utah May 18, 2007) (no breach of duty when horse tripped) Text
Valley View Angus Ranch v. Duke Energy Field Serv., LP, No. CIV-04-191-D, 2009 WL 1902435 (W.D. Okla. Apr. 25, 2008) (real party in interest to bring a nuisance claim)
Christensen v. United States, No. 2:05CV55DAK, 2007 WL 1467347 (D. Utah May 18, 2007) (no breach of duty when horse tripped)
Street v. Darwin Ranch, Inc., 75 F. Supp. 2d 1296 (D. Wyo. 1999) (horse rider’s action against dude ranch operator) Text
Sulzen ex rel. Holton v. United States, 54 F. Supp. 2d 1212 (D. Utah 1999) (alleged failure to keep the area safe and failure to warn of a dangerous condition) Text
ELEVENTH CIRCUIT
Brit UW Ltd. v. Hallister Prop. Dev., LLC, 6 F. Supp. 3d 1321 (N.D. Ga. 2014), appeal dismissed (Sept. 23, 2014) (insurer sues over indemnifying owner regarding person thrown from horse) Text
Fisherman Against Destruction of Env’t, Inc. v. Closter Farms, Inc., 300 F.3d 1294 (11th Cir. 2002) (Clean Water Act) Text
ALABAMA
Brewer v. Atkinson, 262 So. 3d 663 (Ala. Civ. App. 2018) (plaintiff brought action against cow owner, landowner, and nursery business operated by cow owner and landowner when he hit a cow on the highway)
Gebauer v. Lake Forest Prop. Owners Ass’n, Inc., 723 So. 2d 1288 (Ala. Civ. App. 1998) (failure to prove that keeping potbellied pig as pet created nuisance) Text
Ford v. Bynum Livestock & Comm’n Co., Inc., 674 So. 2d 600 (Ala. Civ. App. 1995) (invitee’s action for injuries against landowner) Text
Orr By & Through Orr v. Turney, 535 So. 2d 150 (Ala. 1988) (duty to exercise ordinary care toward visitor) Text
ARIZONA
Smith v. Almida Land & Cattle Co., LLC, No. 1 CA-CV 13-0757, 2015 WL 894519 (Ariz. Ct. App. Mar. 3, 2015) (motorcycle collided with fence) Text
Dawson v. Yuma Irr. Dist., No. 1 CA-CV 12-0017, 2012 WL 5857343 (Ariz. Ct. App. Nov. 15, 2012) (irrigation district released too much water and damaged property) Text
A Tumbling-T Ranches v. Flood Control Dist. of Maricopa County, 217 P.3d 1220 (Ariz. Ct. App. 2009) (claim of damages against flood control district) Text
Pride of San Juan, Inc. v. Pratt, 212 P.3d 29 (Ariz. Ct. App. 2009) (vicarious liability for negligence of crop duster) Text
Tumbling-T Ranches v. Flood Control Dist. of Maricopa County, 204 P.3d 1051 (Ariz. Ct. App. 2008) (damages from breach of dam and flooding) Text
Gill v. Sierra Farming P’ship, Nos. 2-CA-CV 2007-0115, 2 CA-CV 2008-0006, 2008 WL 2168015 (Ariz. Ct. App. May 23, 2008) (duty owed to trespasser)
Brookover v. Roberts Enter., Inc., 156 P.3d 1157 (Ariz. Ct. App. 2007) (duty of care owed in open range territory) Text
Conant v. Whitney, 947 P.2d 864 (Ariz. Ct. App. 1997) (action for injuries against cattle rancher) Text
Callender v. MCO Properties, 885 P.2d 123 (Ariz. Ct. App. 1994) (alleging negligence and failure to warn) Text
Carrow Co. v. Lusby, 804 P.2d 747 (Ariz. 1990) (heifer owner’s duty of ordinary care to travelers on public highway) Text
Roer v. Buckeye Irr. Co., 809 P.2d 970 (Ariz. Ct. App. 1990) (alleged negligence had caused land to become waterlogged) Text
Rodriguez v. Schlittenhart, 780 P.2d 442 (Ariz. Ct. App. 1989) (action for injuries on farm) Text
Dolezal v. Carbrey, 778 P.2d 1261 (Ariz. Ct. App. 1989) (action to recover for injuries caused by runaway horse) Text
Webster v. Culbertson, 761 P.2d 1063 (Ariz. 1988) (trespasser’s action for injuries) Text
ARKANSAS
Fox v. Alexander, 668 S.W.3d 191 (Ark. App. 2023) (action against defendant-property owner to enforce easement appurtenant and awarding plaintiff-property owners damages) Text
AGRED Found. v. Friends of Lake Erling Assn., 661 S.W.3d 201 (Ark. App. 2023), reh’g denied (Mar. 8, 2023) (successor in interest of lake property bound by perpetual easement for public use at no charge granted by the United States government under Exchange Act) Text
Inman v. Hornbeck, 657 S.W.3d 200 (Ark. App. 2022) (adjacent neighbors established adverse use of a sufficiently definite dirt path across landowners’ property for the statutory period for a prescriptive easement) Text
Crowder Land Co., LLC v. Payne, 655 S.W.3d 558 (Ark. App. 2022) (servient estate landowners permitted to install gates with locks if combinations would be shared with dominant estate’s owners, heirs, assigns, contractors, and hunting lessees) Text
Jackson v. Downs, 639 S.W.3d 416 (Ark. App. 2022) (adjacent landowner acquired prescriptive easement over road on neighboring property) Text
Five Forks Hunting Club, LLC v. Nixon Fam. Partn., 584 S.W.3d 685 (Ark. App. 2019) (establishing a prescriptive easement to use landowner’s ditch for boat travel during duck hunting season and to use road across landowner’s property when not flooded) Text
Wilson v. Greg Williams Farm, Inc., 2014 Ark. App. 334, 436 S.W.3d 485 (2014), reh’g denied (July 23, 2014) (aerial herbicide drift onto neighbor’s property) Text
Schmoll v. Hartford Cas. Ins. Co., 290 S.W.3d 41 (Ark. Ct. App. 2008) (liability for burial costs for cattle injured in truck collision) Text
Vereen v. Hargrove, 96 S.W.3d 762 (Ark. Ct. App. 2003) (no breach of lease for providing water to neighbor) Text
Mangrum v. Pigue, 198 S.W.3d 496 (Ark. 2004) (pesticide drift) Text
McCorkle Farms, Inc. v. Thompson, 84 S.W.3d 884 (Ark. Ct. App. 2002) (pesticide drift) Text
Arkansas State Highway Comm’n v. Townsend, 858 S.W.2d 66 (Ark. 1993) (precluding landowner from maintaining structures on highway) Text
Dorton v. Francisco, 833 S.W.2d 362 (Ark. 1992) (injured nonemployee was implied invitee or licensee) Text
CALIFORNIA
Hoffmann v. Young, 515 P.3d 635 (Cal. 2022) (Recreational Use Statute exception may impose liability on landowner when an express invitation to use property is extended by landowner or an authorized agent) Text
Ruckman v. Wildwood Farms, 2021 Cal. App. Unpub. (2021) (plaintiffs injured by explosion on neighboring farm during third party excavation) Text
Wang v. Nibbelink, 4 Cal. App. 5th 1, 208 Cal. Rptr. 3d 461 (Cal. Ct. App. 2016) (plaintiff trampled by runaway horse on neighboring property sued meadow owners) Text
Barrett v. Leech, No. D063991, 2014 WL 3659366 (Cal. Ct. App. July 24, 2014) (Farrier died after being knocked over by horse, estate sued for premises liability) Text
Monroe v. Yurosek Farms LLC, No. F066028, 2014 WL 905330 (Cal. Ct. App. Mar. 7, 2014) (atv rider injured by cable) Text
Thomas v. Stenberg, 206 Cal. App. 4th 654, 142 Cal. Rptr. 3d 24 (2012) (motorcycle collision with cows on private road) Text
Reizner v. Avakian, No. F060787, 2011 WL 6145134 (Cal. Ct. App. Dec. 12, 2011) (injury when butted by ram) Text
Eriksson v. Nunnink, 120 Cal.Rptr.3d 90 (Cal. Ct. App. 2011) (wrongful death claim against equestrian coach) Text
Kelly v. CB&I Constructors, Inc., 102 Cal. Rptr.3d 32 (Cal. Ct. App. 2009) (damages for fire at a ranch) Text
Van Alstyne v. Carter, No. C056440, 2009 WL 990756 (Cal. Ct. App. Apr. 14, 2009) (no negligence in causing water table to rise and damaging neighbor’s alfalfa) Text
Cohen v. Five Brooks Stable, 159 Cal.App.4th 1476 (Cal. Ct. App. 2008) (extent of release; assumption of the risk) Text
Eriksson v. Cal. State Univ., Fresno, No. F01229, 2007 WL 2729872 (Cal. Ct. App. Sept. 20, 2007) (assumption of the risk by horse rider) Text
Starrh & Starrh Cotton Growers v. Aera Energy LLC, 153 Cal.App.4th 583 (Cal. Ct. App. 2007) (subsurface trespass) Text
Christopherson v. Hamm, No. C051495, 2006 WL 3117840 (Cal. Ct. App. Nov. 3, 2006) (landlord liability for injuries caused by a tenant’s dog)
Austin v. Bear Valley Springs Ass’n, No. F047930, 2006 WL 2499135 (Cal. Ct. App. Aug. 30, 2006) (immunity from recreational use statute)
McDaniel v. Swarts, No. A108288, 2005 WL 2857760 (Cal. Ct. App. Oct. 31, 2005) (duty owed to child invitee)
Esraelo v. Chavez, No. F041502, 2004 WL 396875 (Cal. Ct. App. Mar. 4, 2004) (assumption of the risk)
Neil Bassetti Farms v. Tierra AG Spraying, Inc., No. F040302, 2003 WL 22079510 (Cal. Ct. App. Sept. 9, 2003) (pesticide drift)
Sumpter v. Clark, Nos. A093280, A094053, 2002 WL 863173 (Cal. Ct. App. May 6, 2002) (trespass and nuisance by neighboring landowner)
Shipman v. Boething Treeland Farms, Inc., 77 Cal. App. 4th 1424 (Cal. Ct. App. 2000) disapproved of by Klein v. United States, 235 P.3d 42 (Cal. 2010) (duty of due care to trespasser under recreational use statute) Text
Harrold v. Rolling J Ranch, 19 Cal. App. 4th 578 (Cal. Ct. App. 1993) (negligence action against resort and riding stable) Text
Lucas v. George T. R. Murai Farms, Inc., 15 Cal. App. 4th 1578 (Cal. Ct. App. 1993) (action against landowner to recover for injuries caused by fire) Text
Loving v. Tenneco W., Inc., 14 Cal. App. 4th 1272 (Cal. Ct. App. 1993) (negligence action against landowner by rescuer)
Ornelas v. Randolph, 847 P.2d 560 (Cal. 1993) (landowner’s immunity) Text
County of Sonoma v. Rex, 231 Cal. App. 3d 1289 (Cal. Ct. App. 1991) (commercial bed and breakfast inn on agricultural land) Text
Weaver v. Bishop, 206 Cal. App. 3d 1351 (Cal. Ct. App. 1988) (action to recover damages for land erosion) Text
Lussier v. San Lorenzo Valley Water Dist., 206 Cal. App. 3d 92 (Cal. Ct. App. 1988) (action to recover for damages against water district) Text
Charpentier v. Von Geldern, 191 Cal. App. 3d 101(Cal. Ct. App. 1987) (recreational trespasser’s action for injuries) Text
Salton Bay Marina, Inc. v. Imperial Irr. Dist., 165 Cal. App. 3d 952 (Cal. Ct. App. 1985) (action for damages against irrigation district)
Davert v. Larson, 163 Cal. App. 3d 407 (Cal. Ct. App. 1985) (liability for damages caused by collision with a horse) Text
COLORADO
Cronk v. Bowers, 2023 WL 4502339 2023 COA 68M, as modified (July 27, 2023) (landowner and neighbor’s successor in interest mutually acquiesced to the original fence as property boundary; prohibiting neighbor’s claim of ownership over disputed land)
Mikes v. Burnett, 2013 COA 97 (steer turned on neighbor who tried to help herd it back in) Text
Hamill v. Cheley Colorado Camps, Inc., 262 P.3d 945 (Colo. App. 2011) (horse riding injury) Text
Beaver Creek Ranch, Ltd. P’ship v. Gordman Leverich Ltd. Liab. Ltd. P’ship, 226 P.3d 1155, 2009 WL 1491296 (Colo. Ct. App. 2009) (adverse possession of ranch land) Text
Clyncke v. Waneka, 157 P.3d 1072 (Colo. 2007) (state equine activities act) Text
Harsh v. Cure Feeders, L.L.C., 116 P.3d 1286 (Colo. Ct. App. 2005) (damage by trespassing animals) Text
Oliver v. Amity Mut. Irrigation Co., 994 P.2d 495 (Colo. Ct. App. 1999) (suit against irrigation company for damage to property from flooding) Text
Bittersweet Farms, Inc. v. Zimbelman, 976 P.2d 326 (Colo. Ct. App. 1998) (negligence and trespass actions against upstream farm owners) Text
Bijou Irr. Dist. v. Empire Club, 804 P.2d 175 (Colo. 1991) (action to enjoin landowners’ use of reservoir) Text
Heil Valley Ranch, Inc. v. Simkin, 784 P.2d 781 (Colo. 1989) (horseback rider’s action to recover damages against ranch) Text
Gonzales By & Through Gonzales v. Bierman, 773 P.2d 629 (Colo. Ct. App. 1989) (landlord’s liability to victim injured when automobile struck tenants’ escaped horse) Text
Denver & Rio Grande W. R. Co. v. Forster, 773 P.2d 612 (Colo. Ct. App. 1989) (denying railroad’s action to enjoin landowners from flood irrigating) Text
Simkin v. Heil Valley Ranch, Inc., 765 P.2d 582 (Colo. Ct. App. 1988) rev’d, 784 P.2d 781 (Colo. 1989) (release agreement does not preclude suit against ranch) Text
CONNECTICUT
Vendrella v. Astriab Family Ltd. P’ship, No. CV085021342S, 2015 WL 4775334 (Conn. Super. Ct. July 2, 2015) (horse bite)
Squinobal v. Zenko, No. FBTCV116018033, 2015 WL 3555284 (Conn. Super. Ct. May 8, 2015) (injury while carrying bale of hay)
Vendrella v. Astriab Family Ltd. P’ship, 311 Conn. 301, 87 A.3d 546 (2014) (horse bite) Text
Vendrella v. Astriab Family Ltd. P’ship, 133 Conn. App. 630, 36 A.3d 707 (2012) aff’d, 311 Conn. 301, 87 A.3d 546 (2014) (horse bite) Text
Van Hoesen v. Dolen, 94 A.D.3d 1264, 942 N.Y.S.2d 650 (2012) (horse bite) Text
Reilly v. Leasure, No. FSTCV085009675S, 2011 WL 3427213 (Conn. Super. Ct. July 12, 2011) (negligence action after horse kick)
Reilly v. Leasure, No. FSTCV085009675S, 2010 WL 4611891 (Conn. Oct. 22, 2010) (negligence action after horse kick)
Vendrella v. Astrialab Family Ltd. Partnership, No. CV085021342S, 2010 WL 422076 (Conn. Super. Ct. Sept. 16, 2010) (owner of horse liable for injury only if constructive knowledge of vicious propensity is found)
Dow-Westbrook, Inc. v. Candlewood Equine Practice, 989 A.2d 1075, 2010 WL 724193 (Conn. App. Ct. 2010) (liability for injuries to a horse while at vet clinic) Text
Modugno v. Colony Farms of Colchester, Inc., 954 A.2d 270 (Conn. App. Ct. 2008) (liability for patron tripping at farm stand) Text
Dow-West Brook, Inc. v. Candlewood Equine, No. CV064004668S, 2008 WL 2252589 (Conn. Super. Ct. May 14, 2008) (negligent boarding of a horse)
Reardon v. Windswept Farm, LLC, 905 A.2d 1156 (Conn. 2006) (release signed by horse rider) Text
Kolodziej v. Durham Agricultural Fair Ass’n, Inc., 901 A.2d 1242 (Conn. App. Ct. 2006) (duty of care owed to fair visitors) Text
Malloy v. Town of Colchester, 858 A.2d 813 (Conn. App. Ct. 2004) (duty of care with roaming livestock) Text
Pestey v. Cushman, 788 A.2d 496 (Conn. 2002) (private nuisance) Text
Pestey v. Cushman, 1994 WL 720359 (Conn. Super. Ct. 1994) (action against dairy farmers, including nuisance claim)
Wilkinson v. Inland Wetlands & Watercourses Comm’n of Town of Killingworth, 586 A.2d 631 (Conn. App. Ct. 1991) (dispute over permit to conduct certain activities in a wetlands area) Text
DELAWARE
Kalb v. Council, No. CIV.A. N12C-02172EMD, 2013 WL 1934665 (Del. Super. May 8, 2013) appeal dismissed sub nom. Burnett v. Kalb, 69 A.3d 370 (Del. 2013) (kicked by horse) Text
Higgins v. Walls, 901 A.2d 122 (Del. Super. Ct. 2005) (public recreation statute) Text
FLORIDA
Fla. Power & Light Co. v. Morris, 944 So.2d 407 (Fla. Dist. Ct. App. 2006) (livestock license imposed no duty to maintain fences) Text
Fisel v. Wynns, 667 So. 2d 761 (Fla. 1996) (suit against owner of cow strayed onto road through open gate) Text
Robins v. Walter, 670 So. 2d 971 (Fla. Dist. Ct. App. 1995) (action to enjoin from operating bed and breakfast) Text
Dyals v. Hodges, 659 So. 2d 482 (Fla. Dist. Ct. App. 1995) (wrongful death action) Text
Pasco County v. Tampa Farm Serv., Inc., 573 So. 2d 909 (Fla. Dist. Ct. App. 1990) (waste disposal, right to farm) Text
GEORGIA
Lavan v. Cannon Farms, Inc., 873 S.E.2d 727 (Ga.App. 2022) (genuine issue of material fact as to how cows entered roadway resulting car crash precluded summary judgment on negligence claim) Text
Schock v. Holy Trinity Catholic Church, 863 S.E.2d 536 (Ga.App. 2021) (landowner cannot charge a fee for admission to the property for immunity under the Recreational Property Act) Text
Newton v. Jacobs, 358 Ga. App. 180 (Ga. Ct. App. 2021) (Georgia Prescribed Burning Act shields Defendant from liability) Text
Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC, 819 S.E.2d 666 (Ga.App. 2018) (trespass action against landowner who ratified property manager’s conduct of locking gates to prevent tenant farmer’s peach harvest) Text
Burns v. Leap, 645 S.E.2d 751 (Ga. Ct. App. 2007) (vicious propensity of horse) Text
Gibson v. Huffman, 540 S.E.2d 222 (Ga. Ct. App. 2000) (alleged violation of restrictive covenant by residential development) Text
Bridges Farm, Inc. v. Blue, 472 S.E.2d 465 (Ga. Ct. App. 1996), aff’d in part, rev’d in part sub nom., Bridges Farms, Inc. v. Blue, 480 S.E.2d 598 (Ga. 1997) and vacated, 488 S.E.2d 130 (Ga. Ct. App. 1997) (farm visitor’s action for injuries against farm owner) Text
Smoky, Inc. v. McCray, 396 S.E.2d 794 (Ga. Ct. App. 1990) (negligence action against ranch) Text
Holbrook v. Davison, 375 S.E.2d 840 (Ga. 1989) (alleged violation of restrictive covenants by using lots to maintain cows and horses) Text
Hawaii
Spittler v. Charbonneau, 145 Haw. 204, 449 P.3d 1202 (Ct. App. 2019) (landowner alleged nuisance and trespass against adjoining landowners for trees dropping leaves and branches and roots creating poor growing conditions on landowner’s property) Text
IDAHO
Chester v. Wild Idaho Adventures RV Park, LLC, 519 P.3d 1152 (Idaho 2022) (landowner’s irrigation pivot overspray was an adverse use that can establish a prescriptive easement and that easement can be an affirmative defense to neighbor’s nuisance and trespass claims) Text
Enriquez v. Idaho Power Co., 152 Idaho 562, 272 P.3d 534 (2012) (farm worker injured by electrically charged sprinkler) Text
McAnally v. Bonjac, Inc., 50 P.3d 983 (Idaho 2002) (jurisdiction) Text
Bramwell v. S. Rigby Canal Co., 39 P.3d 588 (Idaho 2001) (negligence action against canal operator) Text
Crea v. Crea, 16 P.3d 922 (Idaho 2000) (determination that expanded farrow-to-finish hog operation was private nuisance) Text
Stott By & Through Dougall v. Finney, 950 P.2d 709 (Idaho 1997) (alleged failure of earthen dam constructed to provide wildlife habitat) Text
Powell v. Sellers, 937 P.2d 434 (Idaho Ct. App. 1997) (dispute over terms of stipulation concerning drainage ditch between landowners) Text
ILLINOIS
Downing as Tr. of James Downing Irrevocable Tr. v. Somers, 2023 WL 3860581 IL App (4th) 220900 (June 7, 2023) (servient estate’s intentional acts inconsistent with an easement for ingress and egress granted by deed does not require equities to be balanced for injunctive relief by dominant estate)
Raab v. Frank, 2019 IL 124641 (motorist collided with cow on highway and sued owner, owner filed third-party complaint against neighboring landowners) Text
Allendorf v. Redfearn, 2011 IL App (2d) 110130, 954 N.E.2d 414 (farm employee injured on ATV while rounding up livestock) Text
Toftoy v. Rosenwinkel, 2011 IL App (2d) 100565, 961 N.E.2d 363 rev’d, 2012 IL 113569, 983 N.E.2d 463 (nuisance claim regarding stable flies from neighbor) Text
Beggs v. Griffith, 913 N.E.2d 1230 (Ill. App. Ct. 2009) (damages for injuries caused by horses stabled on property) Text
Halpin v. Schultz, 917 N.E.2d 436 (Ill. 2009) (liability for damages to crops in repairing drainage tile) Text
Halpin v. Schultz, 887 N.E.2d 811 (Ill. App. Ct. 2008) (asking for right to enter to repair drainage) Text
File v. Duewer, 869 N.E.2d 432 (Ill. App. Ct. 2007) (state animal control act) Text
Morris ex rel. Morris v. Williams, 834 N.E.2d 622 (Ill. App. Ct. 2005) (duty owed to trespassers) Text
Kleiss v. Bozdech, 811 N.E.2d 330 (Ill. App. Ct. 2004) (herbicide drift) Text
Bogner v. Villiger, 796 N.E.2d 679 (Ill. App. Ct. 2003) (injunction to prevent operation of irrigation equipment in cemetery) Text
Geddes v. Mill Creek Country Club, Inc., 751 N.E.2d 1150 (Ill. 2001) (trespass and private nuisance claim against owner of golf course) Text
Douglass v. Dolan, 675 N.E.2d 1012 (Ill. App. Ct. 1997) (alleged negligence and violation of the Domestic Animals Running at Large Act) Text
Snyder v. Olmstead, 634 N.E.2d 756 (Ill. App. Ct. 1994) (no immunity to landowner who invited private guests onto property) Text
Phillips v. Cmty. Ctr. Found. & Children’s Farm, 606 N.E.2d 447 (Ill. App. Ct. 1992) (personal injury action against owner of educational farm) Text
Hutchings v. Bauer, 571 N.E.2d 169 (Ill. App. Ct. 1991) rev’d, 599 N.E.2d 934 (Ill. 1992) (landowner’s duty of care to motorcyclist who collided with barrier) Text
Lane v. Titchenel, 562 N.E.2d 1194 (Ill. App. Ct. 1990 (defining recreational purposes, landowner’s immunity) Text
Hart v. Meredith, 553 N.E.2d 782 (Ill. App. Ct. 1990) (landowner’s strict liability under fence law) Text
Mitchell v. Waddell, 544 N.E.2d 1261 (Ill. App. Ct. 1989) (recreational user’s action to recover for injuries) Text
INDIANA
MLS Enterprises, LLC v. Norman, 209 N.E.3d 30 (Ind. App. 2023) (adjoining landowners’ agricultural use, consistent with land’s characteristics were sufficient to give actual or constructive notice to landowner for obtaining ownership by adverse possession) Text
Indiana Dept. of Nat. Resources v. Houin, 191 N.E.3d 241, (Ind. App. 2022), reh’g denied (Aug. 10, 2022), transfer denied, 205 N.E.3d 196 (Ind. 2023) (State’s failure to operate a dam as required by a 1986 order caused flooding over multiple years which substantially deprived the landowners of the farmland’s economically beneficial or productive use) Text
Perkins v. Fillio, 119 N.E.3d 1106 (Ind. Ct. App. 2019) (invitee brought negligence claim against landowner when ram injured invitee on landowner’s property) Text
Einhorn v. Johnson, 996 N.E.2d 823 (Ind. Ct. App. 2013), reh’g denied (Dec. 17, 2013), transfer denied, 9 N.E.3d 170 (Ind. 2014)(volunteer at equestrian event for damages after being tramples) Text
Rocky River Farms, Inc. v. Porter, 925 N.E.2d 496 (Ind. Ct. App. 2010) (equestrian center employees not agricultural employees for the purpose of workers’ compensation) Text
Pardue v. Perdue Farms Inc., 925 N.E.2d 482 (Ind. Ct. App. 2010) (nuisance action against turkey growers over contaminated groundwater) Text
Guillaume v. Hall Farms, Inc., No. 42A01-0904-CV-163, 2009 WL 252589 (Table) (Ind. Ct. App. Aug. 19, 2009) (vicarious liability of company; persons not employees) Text
Long v. IVC Indus. Coatings, Inc., 908 N.E.2d 697 (Ind. Ct. App. 2009) (claim of negligence by neighbor causing sediment to run into a farm pond) Text
Capps v. Abbott, 897 N.E.2d 984 (Ind. Ct. App. 2008) (adverse possession by farm fence) Text
Rhodes v. Wright, 805 N.E.2d 382 (Ind. 2004) (duty of care owed a business invitee) Text
Smith v. Baxter, 796 N.E.2d 242 (Ind. 2003) (duty to warn invitee) Text
Cunningham v. Bakker Produce, Inc., 712 N.E.2d 1002 (Ind. Ct. App. 1999) (suit for injuries to child against landowner) Text
Campbell v. Spade, 617 N.E.2d 580 (Ind. Ct. App. 1993) (action to prevent landowner from using driveway due to restrictive covenant) Text
Forrest v. Gilley, 570 N.E.2d 934 (Ind. Ct. App. 1991) (personal injury suit against horse owner) Text
Kidd v. Davis, 485 N.E.2d 156 (Ind. Ct. App. 1985) (holding that landowners owed no special duty to licensee) Text
IOWA
Sallee v. Stewart, No. 14-0734, 2015 WL 1817094 (Iowa Ct. App. Apr. 22, 2015) (injury during a school trip to dairy farm) Text
Freeman v. Grain Processing Corp., 848 N.W.2d 58 (Iowa) cert. denied, 135 S. Ct. 712, 190 L. Ed. 2d 440 (2014) (nuisance complaint against wet corn milling facility) Text
Sallee v. Stewart, 827 N.W.2d 128 (Iowa 2013) (injury during a school trip to dairy farm) Text
Sallee v. Stewart, 814 N.W.2d 622 (Iowa Ct. App. 2012) vacated, 827 N.W.2d 128 (Iowa 2013) (injury during a school trip to dairy farm) Text
Zimmer v. Vander Waal, No. 08-0662, 780 N.W.2d 730 (2010) (tractor with a trailer not a “motor vehicle” under state law)
Gannon v. Rumbaugh, 772 N.W.2d 258 (Iowa Ct. App. July 2, 2009) (flooding neighbors’ property; lowering a levee) Text
Tetzlaff v. Camp, 715 N.W.2d 256 (Iowa 2006) (liability of landlord for tenant’s nuisance) Text
Klobnak v. Wildwood Hills, Inc., 688 N.W.2d 799 (Iowa 2004) (duty of care for roaming livestock) Text
State ex rel. Miller v. DeCoster, 596 N.W.2d 898 (Iowa 1999) (alleged violation of water pollution and animal control requirements) Text
Gravert v. Nebergall, 539 N.W.2d 184 (Iowa 1995) (dispute over construction and maintenance of a partition fence) Text
Scott v. Wright, 486 N.W.2d 40 (Iowa 1992) (suit on a theory of vicarious liability for negligent operation of tractor) Text
Peterson v. Schwertley, 460 N.W.2d 469 (Iowa 1990) (landowner’s immunity from trespasser’s injuries claim) Text
KANSAS
Pyle v. Gall, 531 P.3d 1189 (Kan. 2023) (exclusivity requirement for a prescriptive easement is satisfied if the landowner does not substantially interrupt the prescriptor’s use of the land for the prescriptor’s unique purpose during the prescriptive period) Text
Sage v. Bird City Dairy, LLC, No. CIV.A. 13-4039-KHV, 2015 WL 1959679 (D. Kan. Apr. 29, 2015) (negligence in keeping cattle in) Text
Beneke v. Smith, No. 111722, 2015 WL 2137134 (Kan. Ct. App. May 1, 2015) (injuries after car struck cow in road)
Kiraly v. Smith, No. 111635, 2015 WL 2134571 (Kan. Ct. App. May 1, 2015) (injuries after car struck cow in road)
Wilson ex rel. Estate of Rice v. McDaniel, 327 P.3d 1052 (Kan. Ct. App. 2014) (car collided with mule)
Wrinkle v. Norman, 297 Kan. 420, 301 P.3d 312 (2013) (neighbor injured while herding cow back in) Text
Evenson v. Lilley, 295 Kan. 43, 282 P.3d 610 (2012) (liability for a controlled burn that got out) Text
Evenson v. Hind, 260 P.3d 101 (Kan. Ct. App. 2011) (trespass claim for entering property to repair fence)
Jewett v. Miller, 46 Kan. App. 2d 346, 263 P.3d 188 (2011) (car collided with horse) Text
Wrinkle v. Norman, 242 P.3d 1216 (Kan. Ct. App. 2010) (liability for injuries sustained herding cattle on neighboring property) Text
Wrinkle v. Norman, No. 103,373, 2010 WL 4539371 (Kan. Ct. App. Nov. 12, 2010) (owner of animals is required to use reasonable care to confine animals) Text
Herrell v. Nat’l Beef Packing Co., 202 P.3d 691 (Kan. Ct. App. 2009) (premise liability for injuries caused to subcontractor’s employee) Text
Lambert v. Cromer, 184 P.3d 993, 2008 WL 2370076 (Kan. Ct. App. 2008) (judge’s use of specialized fencing knowledge)
Spain v. Schroeder, 98 P.3d 303, 2004 WL 2238770 (Kan. Ct. App. 2004) (duty of care in livestock escape)
Norton Farms, Inc. v. Anadarko Petroleum Corp., 91 P.3d 1239 (Kan. Ct. App. 2004) (negligent construction of concrete bag ramps) Text
Kaplan v. Bd. of County Comm’rs, Johnson County, 3 P.3d 1270 (Kan. 2000) (landowner’s costs of erecting fences) Text
Koger v. Ferrin, 926 P.2d 680 (Kan. Ct. App. 1996) (denying claim for strict liability for failing to prevent spread of fire) Text
Walborn v. Stockman, 706 P.2d 465 (Kan. Ct. App. 1985) (finding no failure to exercise due care in keeping livestock enclosed) Text
Finlay v. Finlay, 856 P.2d 183 (Kan. Ct. App. 1993) (nuisance claim against cattle feeding operation) Text
KENTUCKY
Moore v. Stills, 307 S.W.3d 71 (Ky. 2010) (recreational use statute barred adverse possession claim) Text
Wright v. R&M Fence & Constr., Nos. 2007-CA-001000-MR, 2007-CA-001014-MR, 2009 WL 1347289 (Ky. Ct. App. May 15, 2009) (tree remover’s actions not foreseeable cause of horses death) Text
Johnson v. Patterson, No. 2007-CA-000884-MR, 2008 WL 746703 (Ky. Ct. App. Mar. 21, 2008) (reversing directed verdict for landowner in escaped livestock case) Text
Loveless v. Ringstaff, No. 2005-CA-000860-MR, 2007 WL 2142265 (Ky. Ct. App. July 27, 2007) (duty of care owed to licensee) Text
Barrister Farm, LLC v. Upson Downs Farms, LLC, No. 2004-CA-002651-MR, 2006 WL 319344 (Ky. Ct. App. Feb. 10, 2006) (landowner negligence in barn fire)
Baker v. McIntosh, 132 S.W.3d 230 (Ky. Ct. App. 2004) (duty of care not breached for licensee) Text
N. Hardin Developers, Inc. v. Corkran by Corkran, 839 S.W.2d 258 (Ky. 1992) (holding that livestock without dangerous propensities did not constitute a foreseeable risk of harm) Text
Coursey v. Westvaco Corp., 790 S.W.2d 229 (Ky. 1990) (application of the recreational use statute) Text
LOUISIANA
Glover v. Preece, 335 So. 3d 495 (La. App. 2022) (motorist involved in accident caused by collision with horse allegedly entering highway from landowner’s pasture) Text
Snyder v. Bourgeois, 2022 WL 202811 (La. App. Jan. 24, 2022) (excavation pond was not unreasonably dangerous condition and was obvious to all) Text
Franks v. Sikes, 331 So. 3d 1107 (La. App. 2021), writ granted, 336 So. 3d 457 (La. 2022), and writ denied, 336 So. 3d 461 (La. 2022), and amended, 351 So. 3d 680 (La. 2022) (action against dog owner and insurer under farm liability policy for injuries minor sustained from being bitten on lip by dog) Text (subsequent history amending damages)
Tuckerson v. Amtrust Ins. Co., 335 So. 3d 363 (La. App. 2021), writ denied, 334 So. 3d 389 (La. 2022) (pothole on landowner’s dirt and gravel road was an obvious danger given the circumstances and therefore did not present a significant likelihood of injury or unreasonable risk of harm) Text
Chaney v. Vaughn, 51,795 (La. App. 2 Cir. 2/28/18), 245 So. 3d 1208 (ranchers liable when a driver hit their black cow on the highway)
Moore v. Rice-Land Lumber Co., 2014-2559 (La. 2/27/15), 160 So. 3d 583 Text
Cormier v. Louisiana Farm Bureau Cas. Ins. Co., 2012-892 (La. App. 3 Cir. 2/6/13), 109 So. 3d 509 writ denied sub nom. Cormier v. Louisiana Farm Bur. Cas. Ins. Co., 2013-0427 (La. 4/5/13), 110 So. 3d 596 (Driver that hit cow sued owner of the cow and the landowner) Text
Fournerat v. Farm Bureau Ins. Co., 2011-1344 (La. App. 1 Cir. 9/21/12), 104 So. 3d 76 (La. Ct. App.) writ denied, 2012-2148 (La. 11/21/12), 102 So. 3d 59 (3 wheeler accident with drainage ditch) Text
Richard v. Louisiana Newpack Shrimp Co., 11-309 (La. App. 5 Cir. 12/28/11), 82 So. 3d 541 (La. Ct. App. 2011)(injury while on a boat dock) Text
Schysm v. Boyd, 47 So.3d 977 (La. Ct. App. 2010) (liability for loose horse on roadway) Text
Schysm v. Boyd, No. 45,336-CA, 2010 WL 3213679 (La. Ct. App. Aug 16, 2010) (motorist strikes horse on road) Text
Everett v. State Farm Fire & Cas. Ins. Co., 37 So.3d 456, 2010 WL 1170202 (La. Ct. App. 2010) (damages from horseback riding accident) Text
Ables v. Minvielle, 22 So.3d 1129 (La. Ct. App. 2009) (landowner’s liability in death of four-wheeler rider) Text
Carter v. Loyd, No. 08-529, 2008 WL 5401447 (La. Ct. App. Dec. 30, 2008) (no proof that defendants’ horse caused accident) Text
Hamel’s Farm, L.L.C. v. Muslow, 988 So.2d 882 (La. Ct. App. 2008) (ownership of lakebed) Text
Kovac v. Spraymax, Inc., 911 So.2d 934 (La. Ct. App. 2005) (pesticide drift) Text
Honeycutt v. State Farm Fire & Cas. Co., 890 So.2d 756 (La. Ct. App. 2004) (res ipsa loquitur in roaming animal case) Text
Racca v. St. Mary Sugar Coop., Inc., 872 So.2d 1117 (La. Ct. App. 2004) (negligence action) Text
Buller v. Am. Nat’l Prop. & Cas. Cos., 838 So.2d 67 (La. Ct. App. 2003) (liability for roaming animals) Text
LaBlanc v. Hayes, 827 So.2d 611 (La. Ct. App. 2002) (recreational use statute) Text
Pillow v. Entergy Corp., 828 So.2d 83 (La. Ct. App. 2002) (duty owed by electric company in horse death) Text
Cooper v. Cooper, 786 So. 2d 240 (La. Ct. App. 2001) (holding that landowner was immunized from liability by recreational use statute) Text
Domingue v. Stanley, 784 So. 2d 844 (La. Ct. App. 2001) (landowners’ immunity under recreational use statutes) Text
Johnson v. City of Morgan City, 787 So. 2d 326 (La. Ct. App. 2000) (immunity under recreational use statutes) Text
Naquin v. Louisiana Power & Light Co., 768 So. 2d 605 (La. Ct. App. 2000) (action for damages against landowner) Text
Reed v. Employers Mut. Cas. Co., 741 So. 2d 1285 (La. Ct. App. 1999) (hunting club officer’s immunity under recreational use statutes) Text
Bradford v. Kaster, 732 So. 2d 827 (La. Ct. App. 1999) (action for damages against owner of pastureland and horse owner) Text
Ebarb v. Guinn Bros., Inc., 728 So. 2d 487 (La. Ct. App. 1999) (action to recover damages; duty to warn) Text
Taylor v. Moseley, 698 So. 2d 3 (La. Ct. App. 1997) (finding no landowners’ strict liability for worker’s death) Text
Ebarb v. Guinn Bros., Inc., 691 So. 2d 228 (La. Ct. App. 1997) (no duty to warn) Text
Florice v. Brown, 679 So. 2d 501 (La. Ct. App. 1996) (injuries in horseback riding accident) Text
Ward v. Hermitage Ins. Co., 671 So. 2d 1229 (La. Ct. App. 1996) (suit against hunting club) Text
Dear v. Crosby Chemicals, Inc., 670 So. 2d 775 (La. Ct. App. 1996) (landowner’s protection under recreational use statutes) Text
Matherne v. Cheramie, 664 So. 2d 130 (La. Ct. App. 1995) (immunity under recreational use statute) Text
Lewis v. State Farm Fire & Cas. Co., 654 So. 2d 883 (La. Ct. App. 1995) (action against fishing camp’s owner) Text
Johnson v. Lloyd’s of London, 653 So. 2d 226 (La. Ct. App. 1995) (hunting club was “owner” rather than user) Text
Cornish v. State, Dep’t. of Transp. & Dev., 647 So. 2d 1170 (La. Ct. App. 1994) (action against Department of Transportation and Development and owners of cattle guard) Text
Willis v. Lecompte, 640 So. 2d 304 (La. Ct. App. 1994) (landowners were not liable for damages caused by lessee’s horse) Text
Ourso v. Grimm, 630 So. 2d 963 (La. Ct. App. 1994) (violation of state “stock law”) Text
O’Quinn v. Power House Services, Inc., 633 So. 2d 707 (La. Ct. App. 1993) (negligence claim against landowner) Text
Dartez v. W. World Ins. Co., Inc., 569 So. 2d 1089 (La. Ct. App. 1990) (action against hunting club) Text
Castille v. Chaisson, 544 So. 2d 670 (La. Ct. App. 1989) (recreational use immunity, no duty to warn) Text
Varnado v. Sanders, 477 So. 2d 1205 (La. Ct. App. 1985) (action recover against owner and operator of dairy farm) Text
MAINE
Dickinson v. Clark, 767 A.2d 303 (Me. 2001) (recreational use statute did not apply to claim for negligent supervision of machinery) Text
MARYLAND
Matthews v. Amberwood Associates Ltd. P’ship, Inc., 719 A.2d 119 (Md. 1998) (breach of duty to social guest) Text
Briscoe v. Graybeal, 622 A.2d 805 (Md. Ct. Spec. App. 1993) (alleged strict liability claim against horse owner) Text
Pahanish v. W. Trails, Inc., 517 A.2d 1122 (Md. Ct. Spec. App. 1986) (negligence action against owner of riding stable) Text
MASSACHUSETTS
MacFadyen v. Maki, 876 N.E.2d 437 (Mass. App. Ct. 2007) (failure to warn at tree farm) Text
Krasnecky v. Meffen, 777 N.E.2d 1286 (Mass. App. Ct. 2002) (trespass by neighbors’ dogs) Text
Powers v. Mukpo, 97-4891, 1999 WL 818062 (Mass. Super. Sept. 27, 1999) (personal injuries action by horseback rider)
MICHIGAN
Kandil-Elsayed v. F & E Oil, Inc., 2023 WL 4845611 (Mich. July 28, 2023) (In a premises liability action, the fact finder may consider, among other factors in the breach inquiry, whether the condition was open and obvious, and whether the landowner should have anticipated harm to the invitee despite the condition’s open and obvious nature)
Est. of Robinson by Milne v. Robinson, 339 Mich. App. 682 (Dec. 28, 2021) (administrator’s suit barred by Recreational Use Statute because decedent did not pay landowner any consideration to use the land for riding ATVs; landowner was not grossly negligent; and landowner’s conduct was not willful or wanton) Text
Est. of Robinson by Milne v. Robinson, 339 Mich. App. 682 (Dec. 28, 2021) (Finding when statutes conflict, the more specific one controls and here the Recreational Use Act controls because it applies with greater specificity to the potential liability of landowners when other persons recreationally use their property with ATVs than does the Michigan Vehicle Code that applies to all motor vehicles in all circumstances) Text
Lapeer v. Ostego Cty. Fair Ass’n, 2021 Mich. App. LEXIS 2847 (Plaintiff’s claim barred by state Equine Activity Liability Act) Text
Whitby v. Wright, No. 321272, 2015 WL 4390061 (Mich. Ct. App. July 16, 2015) (car collided with cows) Text
Paqura v. Dep’t of Envtl. Quality, Nos. 286574, 291265, 2010 WL 624893 (Mich. Ct. App. Feb. 23, 2010) (removal of farm pond dam) Text
Schaendorf v. Consumer Energy Co., No. 281001, 2009 WL 563904 (Mich. Ct. App. Mar. 5, 2009) (evidence of exposure to stray voltage)
Wertz v. Schaper, No. 282721, 2009 WL 187573 (Mich. Ct. App. Jan. 27, 2009) (wrongful death suit) Text
Bragan ex rel. Bragan v. Symanzik, 687 N.W.2d 881 (Mich. Ct. App. 2004) (duty of care owed to child invitee) Text
DeShambo v. Nielsen, 684 N.W.2d 332 (Mich. 2004) (independent contractor liability) Text
Travis v. Preston, 643 N.W.2d 235 (Mich. Ct. App. 2002) (zoning law; right to farm) Text
Steffens v. Keeler, 503 N.W.2d 675 (Mich. Ct. App. 1993) (holding that pig farmers were protected by Right to Farm Act from nuisance claims) Text
Ellsworth v. Highland Lakes Dev. Associates, 498 N.W.2d 5 (Mich. Ct. App. 1993) (landowner’s immunity under recreational land use statute) Text
Cypret v. Lea, 433 N.W.2d 413 (Mich. Ct. App. 1988) (recreational land use act does not apply to lands with artificial conditions) Text
Wymer v. Holmes, 412 N.W.2d 213 (Mich. 1987) overruled by Neal v. Wilkes, 685 N.W.2d 648 (Mich. 2004) (alleged negligence, attractive nuisance, and failure to warn of pond’s claimed dangers) Text
Witbeck v. Bill Cody’s Ranch Inn, 411 N.W.2d 439 (Mich. 1987) (personal injury action against dude ranch) Text
MINNESOTA
Shegrud v. Eeg, No. A14-2027, 2015 WL 5196020 (Minn. Ct. App. Sept. 8, 2015)(multicar collision that resulted from brushfire smoke that obscured roadway visibility) Text
Lanpher v. Nygard, 829 N.W.2d 438 (Minn. Ct. App. 2013), review denied (June 26, 2013)(trespass against neighbor for painting and fixing wooden fence) Text
Salinger v. Leatherdale, No. A12-0215, 2012 WL 4476631 (Minn. Ct. App. Oct. 1, 2012)(rider injured on trail ride)
Johnson v. Paynesville Farmers Union Co-op. Oil Co., 817 N.W.2d 693 (Minn. 2012)(farmer sued neighbor and cooperative whose pesticides drifted onto organic farm) Text
Siewert v. N. States Power Co., 757 N.W.2d 909 (Minn. Ct. App. 2008) (damages to dairy cattle from stray voltage) Text
Balen v. Peltier, No. A05-787, 2006 WL 163518 (Minn. Ct. App. Jan. 18, 2006) (duty of care owed to social guest)
Anderson v. State of Minn., Dep’t of Natural Res., 693 N.W.2d 181 (Minn. 2005) (duty of care for trespassing animals) Text
Habeck v. Ouverson, 669 N.W.2d 907 (Minn. Ct. App. 2003) (recreational statute immunity; child-trespasser standard of care) Text
Wendinger v. Forst Farms, Inc., 662 N.W.2d 546 (Minn. Ct. App. 2003) (nuisance and trespass) Text
Pike v. Nesset, No. C7-02-1882, 2003 WL 21060862 (Minn. Ct. App. May 13, 2003) (reasonable duty to protect from foreseeable injury)
In re Petition of Bailey, 626 N.W.2d 190 (Minn. Ct. App. 2001) (landowner’s contribution to cost of building fence) Text
Wickoren v. Ranch, C9-92-2528, 1993 WL 173862 (Minn. Ct. App. May 25, 1993) (horseback rider’s action against ranch)
MISSISSIPPI
Green v. Poirrier Properties L.L.C, 344 So. 3d 318 (Miss. App. 2022) (adjacent landowner failed to prove adverse possession resulting in damages from harvesting or harming true landowner’s timber) Text
Olier v. Bailey, 164 So. 3d 982 (Miss. 2015) (injuries while fleeing from geese) Text
Ladnier v. Hester, 98 So. 3d 1025 (Miss. 2012)(motorist collided with horse) Text
Ladnier v. Hester, 98 So. 3d 1074 (Miss. Ct. App. 2011) rev’d, 98 So. 3d 1025 (Miss. 2012) (motorist collided with horse) Text
Dillion v. Greenbriar Digging Serv., Ltd., 919 So.2d 172 (Miss. Ct. App. 2005) (liability for open trench) Text
McMillan v. Rodriguez, 823 So.2d 1173 (Miss. 2002) (landowner liability for roaming bull) Text
Harris v. Penn, 798 So. 2d 544 (Miss. Ct. App. 2001) (failure to prove negligence to maintain fence) Text
Barrett v. Parker, 757 So. 2d 182 (Miss. 2000) (personal injury action against owner of cow) Text
MISSOURI
Ferguson v. Ewing, 437 S.W.3d 821 (Mo. Ct. App. 2014) (cost of shared fence repair) Text
Watson v. Mense, No. WD 69255, 2009 Mo. App. LEXIS 1715 (Mo. Ct. App. Dec. 16, 2008) (trespass damages by adverse possession) Text
State ex rel. Young v. Wood, 254 S.W.3d 871 (Mo. 2008) (recreational use statute; no liability in wrongful death) Text
Humphrey v. Glenn, 167 S.W.3d 680 (Mo. 2005) (duty of reasonable care to warn trespassers) Text
Duren v. Kunkel, 814 S.W.2d 935 (Mo. 1991) (failure to establish strict liability) Text
MONTANA
Cremer Rodeo Land and Livestock Co. v. McMullen, 531 P.3d 566 (Mont. 2023) (landowner of servient estate failed to establish permissive use to defeat prescriptive easement) Text
Tally Bissell Neighbors, Inc. v. Eyrie Shotgun Ranch, LLC, 228 P.3d 1134, 2010 MT 63 (Mont. 2010) (private nuisance created by shooting range) Text
Peterson v. Eichhorn, 2008 MT 250 (Mont. 2008) (liability for abnormally dangerous domestic animal)
King v. Van Setten, No. 03-013, 2004 MT 171N, 2004 WL 1447736 (Mont. June 29, 2004) (irrigation flooding) Text
Madrid v. Fifth Judicial Dist. Court, 60 P.3d 438 (Mont. 2002) (strict liability) Text
Madrid v. Zenchiku Land & Livestock, 51 P.3d 1137 (Mont. 2002) (strict liability for trespassing livestock) Text
Wells v. Young, 47 P.3d 809 (Mont. 2002) (nuisance and trespass) Text
Gaudreau v. Clinton Irrigation Dist., 30 P.3d 1070 (Mont. 2001) (action against irrigation district) Text
Larson-Murphy v. Steiner, 15 P.3d 1205 (Mont. 2001) (action against livestock owners and landowners who leased property to livestock owners) Text
Weitz v. Montana Dep’t of Natural Res. & Conservation, 943 P.2d 990 (Mont. 1997) (alleged violation of recreational use act) Text
Schaubel v. Iversen, 848 P.2d 489 (Mont. 1993) (negligence action regarding overflow of drainage ditch) Text
NEBRASKA
Slama v. Slama, 987 N.W.2d 257 (Neb. 2023) (voided land sale contract to third party because landowner failed to comply with notice requirements of agreement under which siblings had right of first refusal to purchase farm) Text
Melia v. Hansen, 985 N.W.2d 418, (Neb, App. 2023) (material interference to the enjoyment of dominant estate’s easement rights. by requiring them to open and close two separate gates along the path to their property and the potential hazard of cattle lying in the road) Text
Clark v. Sargent Irrigation Dist., 971 N.W.2d 298 (Neb. 2022) (action alleging that the irrigation district’s employee negligently mixed and over-applied an off-label herbicide mixture on trees near canal causing damage to landowners’ corn crops was not barred by PSTCA’s discretionary function exemption) Text
Kotrous v. Zerbe, 287 Neb. 1033, 846 N.W.2d 122 (2014) (contribution for fence building) Text
McLaughlin Freight Lines, Inc. v. Gentrup, 281 Neb. 725, 798 N.W.2d 386 (2011) (semi-trailer collided with cattle) Text
Bihuniak v. Roberta Corrigan Farm, 757 N.W.2d 725 (Neb. Ct. App. 2008) (no liability for increased water flow on lower stream landowners)
Spomer v. Greater Omaha Packing Co., Inc., No. A-01-1254, 2003 WL 21383261 (Neb. Ct. App. June 17, 2003) (res ipsa loquitur not allowed in cow trampling case)
McClure v. Forsman, 662 N.W.2d 566 (Neb. 2003) (negligent operation of irrigation system) Text
Soukop v. ConAgra, Inc., 653 N.W.2d 655 (Neb. 2002) (right to farm) Text
Sjuts v. Granville Cemetery Ass’n, 719 N.W.2d 236 (Neb. 2006) (no prescriptive easement across cemetery) Text
Dykes v. Scotts Bluff County Agric. Soc., Inc., 617 N.W.2d 817 (Neb. 2000) (holding that viewing livestock at county fair is not “recreational purpose”) Text
Brown v. Wilson, 567 N.W.2d 124 (Neb. 1997) (application of state recreation liability act) Text
Roberts v. Weber & Sons, Co., 533 N.W.2d 664 (Neb. 1995) (livestock owner’s liability in escaped livestock case) Text
Holden By & Through Holden v. Schwer, 495 N.W.2d 269 (Neb. 1993) (landowner’s protection under recreation liability act) Text
Grote v. Meyers Land & Cattle Co., 485 N.W.2d 748 (Neb. 1992) (action against ranch owner) Text
Hickman v. Hunkins, 509 N.W.2d 220 (Neb. Ct. App. 1992) (breaching dike and replacing culvert, causing flooding) Text
Tiede v. Loup Power Dist., 411 N.W.2d 312 (Neb. 1987) (no duty to warn of danger presented by power lines) Text
Hahn v. Weber & Sons Co., 390 N.W.2d 503 (Neb. 1986) (alleged negligent weed spraying on noncultivated tract of land) Text
Bohaty v. Briard, 361 N.W.2d 502 (Neb. 1985) (action to require landowners to remove earthen dam) Text
NEVADA
Lee v. Lamar Cent. Outdoor, LLC, No. 63048, 2014 WL 1319180 (Nev. Mar. 31, 2014) (scooter driver injured when ran into barbed wire fence on owner’s property)
NEW HAMPSHIRE
Wright v. Loon Mountain Recreation Corp., 663 A.2d 1340 (N.H. 1995) (rider’s action for injuries against equestrian center) Text
NEW JERSEY
Stoffels v. Harmony Hill Farm, 912 A.2d 184 (N.J. Super. Ct. App. Div. 2006) (liability in horse accident) Text
NEW MEXICO
Mimbres Hot Springs Ranch, Inc. v. Vargas, 534 P.3d 216 (N.M. App. 2023), cert. denied (June 27, 2023) (servient estate landowners did not unreasonably interfere with easement holder’s enjoyment of easement to satisfy adversity element for extinguishment of easement by prescription) Text
Noriega v. Stahmann Farms, Inc., 827 P.2d 156 (N.M. Ct. App. 1992) (alleged failure to keep area adjacent to ditchbank in safe condition) Text
NEW YORK
Thompson v. Brown, 167 A.D.3d 1310, 90 N.Y.S.3d 342 (N.Y. App. Div. 2018) (plaintiff struck bull on roadway)
Carey v. Schwab, 122 A.D.3d 1142, 997 N.Y.S.2d 180 (2014) leave to appeal dismissed, 25 N.Y.3d 1062, 33 N.E.3d 502 (2015) (horse broke free while at tavern and injured patron) Text
Sargent v. Mammoser, 117 A.D.3d 1533, 986 N.Y.S.2d 728 (2014) (motorcycle collided with cow) Text
Ferland v. GMO Renewable Res. LLC, 105 A.D.3d 1158, 963 N.Y.S.2d 428 (2013) (snowmobiler injured on logging road by a log truck) Text
Hastings v. Sauve, 21 N.Y.3d 122, 989 N.E.2d 940 (2013) (vehicle collided with cow) Text
Shay v. Contento, 92 A.D.3d 994, 937 N.Y.S.2d 706 (2012) (atv wreck on land) Text
Tennant v. Tabor, 89 A.D.3d 1461, 932 N.Y.S.2d 648 (2011) (vehicle collided with horse) Text
Sabia v. Niagara Mohawk Power Corp., 87 A.D.3d 1291, 930 N.Y.S.2d 160 (2011) (snowmobile crash into gate) Text
McKown v. Town of Waterford, 31 Misc. 3d 1207(A), 927 N.Y.S.2d 817 (Sup. Ct. 2011) aff’d, 94 A.D.3d 1182, 941 N.Y.S.2d 783 (2012) (atv collided with drainage ditch) Text
Moore v. 3 Phase Equestrian Ctr., Inc., 83 A.D.3d 677, 922 N.Y.S.2d 98 (2011) (rider injure at equestrian center) Text
Finnocchiaro v. Napolitano, 859 N.Y.S.2d 477 (N.Y. App. Div. 2008) (recreational use statute) Text
Farnham v. Meder, 45 A.D.3d 1315 (N.Y. App. Div. 2007) (no assumption of the risk) Text
Bard v. Jahnke, 848 N.E.2d 463 (N.Y. 2006) (no knowledge of vicious or violent propensities) Text
Stickles v. Fuller, 2 Misc.3d 954 (N.Y. Sup. Ct. 2004) (duty owed by landlord to tenant’s employees) Text
Olson v. Brunner, 689 N.Y.S.2d 833 (N.Y. App. Div. 1999) (wrongful death action against landowner by survivors of hunter) Text
Schwartz v. Armand Erpf Estate, 255 A.D.2d 35 (N.Y. App. Div. 1999) (action for injuries against farm owners, and owners of horse) Text
Irish v. Deep Hollow Ltd., 251 A.D.2d 293 (N.Y. App. Div. 1998) (horseback rider’s action against ranch) Text
Sauberan v. Ohl, 239 A.D.2d 891 (N.Y. App. Div. 1997) (action for injuries sustained in hunting accident) Text
Rzeczkowski v. Kowalczik, 237 A.D.2d 342 (N.Y. App. Div. 1997) (dispute over immunity under recreational use statute) Text
Elbert v. J.F.V. Enter. Co., 234 A.D.2d 413 (N.Y. App. Div. 1996) (denying horseback rider’s action to recover for personal injuries) Text
Gough by Rousseau v. County of Dutchess, 638 N.Y.S.2d 290 (N.Y. Sup. Ct. 1996) (duty to keep premises safe for hiking) Text
Wardrop v. Koerner, 208 A.D.2d 1147 (N.Y. App. Div. 1994) (action to recover for injuries against landowner) Text
Morrelli v. Giordano, 206 A.D.2d 464 (N.Y. App. Div. 1994) (denying personal injury claim against owner of corral) Text
Valenti v. Lara, 613 N.Y.S.2d 221 (N.Y. App. Div. 1994) (alleging farmer’s negligence in allowing irrigation runoff to accumulate on roadway) Text
Farnham v. Kittinger, 634 N.E.2d 162 (N.Y. 1994) (action for injuries against landowners) Text
Jarvis v. Eastman, 202 A.D.2d 826 (N.Y. App. Div. 1994) (denying negligence action against barn owners) Text
Pulis v. T.H. Kinsella, Inc., 593 N.Y.S.2d 959 (N.Y. Sup. Ct. 1993) aff’d, 614 N.Y.S.2d 949 (N.Y. App. Div. 1994) (dispute over landowner’s immunity for injuries) Text
Reid by Reid v. Kawasaki Motors Corp., U.S.A., 189 A.D.2d 954 (N.Y. App. Div. 1993) (farm owner’s immunity) Text
Testani v. Northshore Equestrian Ctr., Inc., 595 N.Y.S.2d 653 (N.Y. Sup. Ct. 1992) (denying landowners protection under recreational use statute) Text
DiMaria v. Coordinated Ranches, Inc., 138 A.D.2d 445 (N.Y. App. Div. 1988) (action for personal injuries against dude ranch) Text
Klump v. Bowman, 117 A.D.2d 857 (N.Y. App. Div. 1986) (personal injury action against owner of “pick your own” apple farm) Text
Morell v. Peekskill Ranch, Inc., 476 N.E.2d 645 (N.Y. 1985) (personal injury action against dude ranch) Text
NORTH CAROLINA
Rolan v. N.C. Dep’t of Agric. & Consumer Servs., 756 S.E.2d 788 (N.C. Ct. App. 2014) (State fair patrons who contracted bacterial infection from visiting petting zoo) Text
Clontz v. St. Mark’s Evangelical Lutheran Church, 578 S.E.2d 654 (N.C. Ct. App. 2003) (premise liability) Text
Parker v. Barefoot, 502 S.E.2d 42 (N.C. Ct. App. 1998) rev’d, 519 S.E.2d 315 (N.C. 1999) (nuisance claim against hog farmer) Text
Garrett v. Overman, 404 S.E.2d 882 (N.C. Ct. App. 1991) (action against owners of horse boarding stables) Text
NORTH DAKOTA
Kubik v. Hauck, 982 N.W.2d 599 (N.D. 2022) (landowner failed to carry burden of proof that adjacent neighbor and landowner’s predecessors in interest recognized original fence line as actual boundary for 20 years) Text
Minto Grain, LLC v. Tibert, 776 N.W.2d 549 (N.D. 2009) (damages for neighbors interfering with expansion plans of grain elevator) Text
Kappenman v. Klipfel, 765 N.W.2d 716 (N.D. 2009) (wrongful death on section line road; no recreation use statute immunity)
Hassan v. Brooks, 566 N.W.2d 822 (denying action for injuries and damages against cattle owner) Text
Bellemare v. Gateway Builders, Inc., 420 N.W.2d 733 (N.D. 1988) (tenant’s action against landlord and contractor for injuries) Text
OHIO
Miami Township Bd. of Trustees v. Powlette, 197 N.E.3d 998 (Ohio App. September 30, 2022) (landowner’s use of the barn for weddings and other celebratory events was not incident to agricultural purposes, and therefore did not constitute agritourism as a statutory exemption to local zoning regulation) Text
Hendrickson v. Grider, 2016-Ohio-8474, 70 N.E.3d 604 (owner of lot where horses were kept was not liable for motor vehicle accident when horses escaped from the lot)
Sanders v. Frank, 2015-Ohio-3644, 37 N.E.3d 1305 (neighbor injured while trying to retain horse)
Von Stein v. Phenicie, 2014-Ohio-4872 appeal not allowed, 2015-Ohio-2104, 142 Ohio St. 3d 1476, 31 N.E.3d 655 (landowner sued neighbor over flooding and drainage issues) Text
Thomas v. Strba, 2013-Ohio-3869 appeal not allowed, 2014-Ohio-566, 138 Ohio St. 3d 1414, 3 N.E.3d 1216(injury while trying to repair a wood deer stand) Text
United Ohio Ins. Co. v. Schaeffer, 2014-Ohio-3854, 18 N.E.3d 863 (liability of tractor owner for tractor used in “bar crawl” hayride) Text
Booth v. Walls, 2013-Ohio-3190 (minor was struck in the face by the throwing arm of a clay target machine) Text
Merino v. Salem Hunting Club, 2012-Ohio-4553 (neighboring landowner sued gun club over ricochets and stray bullets) Text
State v. Riegel, 2012-Ohio-4517 (conviction for animals at large) Text
White v. Elias, 2012-Ohio-3814, 4 N.E.3d 391 (kicked by escaped horse)
Parker v. Patrick, 2012-Ohio-3312 (farm atv accident) Text
Morgan v. Ohio Conference of United Church of Christ, 2012-Ohio-453 (hiker injured on trail) Text
Snyder v. Myers, 940 N.E.2d 615 (Ohio Ct. App. 2010) (danger of falling through hay drop in barn not reasonably discoverable by barn owner) Text
Brennan v. Schappacher, No. CA2008-09-231, 2009 WL 501639, 2009 -Ohio- 927 (Ohio Ct. App. Mar. 2, 2009) (injuries sustained during hayride; assumption of risk; negligent assumption of risk)
Getsy v. Eastham, No. 2008-T-0032, 2008 WL 5274850 (Ohio Ct. App. Dec. 16, 2008) (scope of recreational use statute)
Rutkai v. Freeland, No. 24267, 2008 WL 5159030 (Ohio Ct. App. Dec. 10, 2008) (premise liability owed to invitee)
Merino v. Salem Hunting Club, No. 07 CO 16, 2008 WL 5124549 (Ohio Ct. App. Dec. 4, 2008) (claim of damages caused by neighboring landowner)
Moody v. Wiza, No. OT-07-005, 2007 WL 2897633 (Ohio Ct. App. Oct. 5, 2007) (permanent injunction from maintaining livestock in spite)
Aponte v. Castor, 802 N.E.2d 171 (Ohio Ct. App. 2003) (duty of care owed to licensee or trespasser; attractive nuisance) Text
Horsley v. Essman, 145 Ohio App. 3d 438, 2001-Ohio-2557, 763 N.E.2d 245 (duty of ordinary care to prevent livestock from escaping) Text
Williams v. Cook, 725 N.E.2d 339 (Ohio Ct. App. 1999) (duty of ordinary care) Text
Bainbridge v. Walnut Twp. Trustees, 18-CA-1994, 1994 WL 667984 (Ohio Ct. App. Oct. 24, 1994) (landowner’s share in partition fence)
Tanker v. N. Crest Equestrian Ctr., 621 N.E.2d 589 (Ohio Ct. App. 1993) (“release” agreement and liability for horseback rider’s injuries) Text
Brand v. Marion Twp.Trustees, 90-CA-12, 1991 WL 156400 (Ohio Ct. App. Aug. 8, 1991) (dispute over construction of fence between landowners)
Rayner v. Lowe, 572 N.E.2d 245 (Ohio Ct. App. 1989) (finding no duty to fence land to protect it from trespassing animals) Text
OKLAHOMA
Lierly v. Tidewater Petroleum Corp., 139 P.3d 897 (Okla. 2006) (malicious prosecution) Text
Lohrenz v. Lane, 787 P.2d 1274 (Okla. 1990) (holding that pond was not an attractive nuisance) Text
OREGON
Coleman v. Or. Parks & Recreation Dep’t ex rel. Oregon, 217 P.3d 651 (Or. 2009) (recreational use statute) Text
Worman v. Columbia County, 195 P.3d 414 (Or. Ct. App. 2008) (pesticide drift damage against county government) Text
Manderscheid v. Dutton, 88 P.3d 281 (Or. Ct. App. 2004) (adverse possession) Text
Odneal v. Arlint, 919 P.2d 508 (Or. Ct. App. 1996) (no failure to warn of dangerous condition on land) Text
PENNSYLVANIA
Olszewski v. Parry, 283 A.3d 1257 (Pa. Super. 2022) (landowner satisfied elements establishing an easement by necessity for landlocked tract and requiring servient estate to remove fence blocking roadway) Text
Murtha v. Joyce, 875 A.2d 1154 (Pa. Super. Ct. 2005) (recreational use statute) Text
Kinley v. Bierly, 876 A.2d 419 (Pa. Super. Ct. 2005) (knowledge of viciousness of animal) Text
Diffenderfer v. Staner, 722 A.2d 1103 (Pa. Super. Ct. 1998) (negligence, nuisance, and strict liability claim against dairy farm owner) Text
Fogle v. Malvern Courts, Inc., 701 A.2d 265 (Pa. Super. Ct. 1997) aff’d, 722 A.2d 680 (Pa. 1999) (landowner who does not keep livestock is not required to share cost of fence) Text
RHODE ISLAND
Morabit v. Hoag, 80 A.3d 1 (R.I. 2013) (damage to historical stone wall) Text
Johnston v. Poulin, 844 A.2d 707 (R.I. 2004) (strict liability for animals “at large”) Text
SOUTH CAROLINA
Williams v. Smalls, 701 S.E.2d 772 (S.C. Ct. App. 2010) (negligence action by car driver against owner of cattle) Text
Williams v. Smalls, No. 4755, 2010 WL 4183837 (S.C. Ct. App. Oct. 20, 2010) (no strict liability for personal injuries suffered when automobile struck escaped livestock)
SOUTH DAKOTA
Lindblom v. Sun Aviation, Inc., 2015 S.D. 20, 862 N.W.2d 549 (liability of aerial spray on neighbor’s property)
Adrian v. Vonk, 2011 S.D. 84, 807 N.W.2d 119 (trespass of prairie dogs from federal lands) Text
Alvine Family Ltd. P’ship v. Hagemann, 780 N.W.2d 507 (S.D. 2010) (trespass action because of manure washing onto adjoining property) Text
Alvine Family Ltd. P’ship v. Hagemann, 780 N.W.2d 507, 2010 WL 970912 (S.D. 2010) (trespass from manure) Text
State Farm Auto Ins. Co. v. Gertsema, 778 N.W.2d 609 (S.D. 2010) (permission to drive ATV) Text
Luke v. Deal, 692 N.W.2d 165 (S.D. 2005) (duty to warn invitees of known, concealed dangers) Text
Collins v. Barker, 668 N.W.2d 548 (S.D. 2003) (independent contractor liability) Text
Zoss v. Schaefers, 598 N.W.2d 550 (S.D. 1999) (livestock trespass action) Text
Reis v. Miller, 1996 SD 75, 550 N.W.2d 78 (challenging the constitutionality of statute allowing hunting, fishing and trapping on easements) Text
TENNESSEE
Wilson v. Dossett, No. E2012-01251-COA-R3CV, 2013 WL 3021307 (Tenn. Ct. App. June 14, 2013)(motorcycle wreck on private property) Text
Ownby v. Tenn. Farmers Coop. Corp., No M2008-00878-COA-R3-CV, 2009 WL 1392574 (Tenn. Ct. App. May 18, 2009) (duty of care owed to a independent contractor’s employee; premise liability)
Richardson v. Stacey, No. M2001-02167-COA-R3-CV, 2002 WL 1838154 (Tenn. Ct. App. Aug. 13, 2002) (enjoining neighboring landowner from trespassing)
TEXAS
Green v Lajitas Capital partners, LLC., 08-22-00175-CV, 2023 WL 3153644 (Tex. App. – El Paso Apr. 28, 2023) (liability waiver for recreational horseback riding satisfied “express negligence doctrine” and “conspicuousness” requirements; because the waiver was valid, the court found no occasion to determine whether the Texas Equine Act also barred the claim) Text
Jones v Wright, 667 S.W.3d 444 (Tex. App. 2023) (listing four recognized “assumed duty” exceptions to the general rule “a property owner owes no duty to prevent accidents on adjacent property” owned or occupied by another) Text
Lobue v. Hanson, 625 S.W.3d 543 (Tex. App. 2021) (Farm Animal Act shields landowner from liability for horse bite) Text
Garcia v. Pruski, No. 18-0953, 2020 WL 499768 (Tex. Jan. 31, 2020) (owner of bull can only be liable when the owner of bull knowingly permits animal to roam)
Garcia v. Pruski, 563 S.W.3d 333 (Tex. App. 2018), review granted (June 28, 2019) (driver injured when vehicle collided with bull on highway; held that driver could recover against owner of bull for accident without showing owner knowingly permitted bull to roam)
Ceniceros v. Pletcher, No. 07-15-00427-CV, 2017 WL 2829325 (Tex. App. June 29, 2017) (driver struck black cow roaming at large at night)
Envtl. Processing Sys., L.C. v. FPL Farming Ltd., 457 S.W.3d 414 (Tex. 2015), reh’g denied (May 1, 2015) (suit against wastewater injection well that migrated to neighbor’s property) Text
Billelo v. Grayson-Collin Elec. Co-op., Inc., No. 05-10-01357-CV, 2012 WL 3133774 (Tex. App. Aug. 2, 2012) (liability claim against an electric utility for cutting a fence allowing a cow to escape)
Hilz v. Riedel, No. 02-11-00288-CV, 2012 WL 2135648 (Tex. App. June 14, 2012) (horse riding accident)
Pool v. River Bend Ranch, LLC, 346 S.W.3d 853 (Tex. App. 2011) (nuisance claim against landowner operating atv park) Text
Billelo v. SLC McKinney Partners, L.P., 336 S.W.3d 852 (Tex. App. 2011) (landowner liability for a cow that was struck by vehicle) Text
Davis v. Jordan, 305 S.W.3d 895, 2010 WL 547088 (Tex. App. 2010) (pesticide drift liability) Text
Rose v. Ben C. Hebert Heirs, 305 S.W.3d 874 (Tex. App. 2010) (roaming livestock liability) Text
Britt v. Jones, No. 14-08-00331-CV, 2009 WL 30000822 (Tex. App. Sept. 22, 2009) (proximate cause; injuries sustained by cattle on the road)
Paselk v. Rabun, 293 S.W.3d 600 (Tex. App. 2009) (claims dairy caused the death of neighbors’ horses) Text
Herring v. Haydon, No. 07-08-0360-CV, 2009 WL 1361654 (Tex. App. May 13, 2009) (wrongful death suit; no evidence caused by defective ladder)
Granillo v. McKinzie, No. 11-07-00241-CV, 2009 WL 262113 (Tex. App. Feb. 5, 2006) (vicarious liability)
Kennamer v. Estate of Noblitt, No. 01-08-00134-CV, 2009 WL 40024 (Tex. App. Jan. 8, 2009) (negligence claim; damages from wild cow)
Little v. Needham, 236 S.W.3d 328 (Tex. App. 2007) (state equine activity liability act) Text
Van Horne v. Harris, No. 2-06-183-CV, 2007 WL 865801 (Tex. App. March 22, 2007) (liability for animals at large)
Holubec v. Brandenberger, 214 S.W.3d 650 (Tex. App. 2006) (nuisance; right to farm) Text
Gamble v. Peyton, 182 S.W.3d 1 (Tex. App. 2005) (state equine activities liability act) Text
Pierce v. Holiday, 155 S.W.3d 676 (Tex. App. 2005) (duty of care owed invitees) Text
Holubec v. Brandenberger, 111 S.W.3d 32 (Tex. 2003) (nuisance; right to farm) Text
Goode v. Bauer, 109 S.W.3d 788 (Tex. App. 2003) (negligence per se with roaming animals) Text
Lee v. Huntsville Livestock Serv., Inc., No. 14-02-00182-CV, 2003 WL 1738418 (Tex. App. Apr. 3, 2003) (no res ipsa loquitur with escaped livestock)
Hicks v. Lee, No. 04-02-00049-CV, 2003 WL 1090599 (Tex. App. Mar. 12, 2003) (no trespass by roaming animals)
Johnson v. Smith, 88 S.W.3d 729 (Tex. App. 2002) (equine activity to fall under equine activities statute) Text
Nugent v. Pilgrim’s Pride Corp., 30 S.W.3d 562 (Tex. App. 2000) (action against neighboring landowners following dumping of chicken waste) Text
Straitway Transp., Inc. v. Mundorf, 6 S.W.3d 734 (Tex. App. 1999) (negligence action against rancher who kept calves) Text
Gibbs v. Jackson, 959 S.W.2d 668 (Tex. App. 1997) rev’d, 990 S.W.2d 745 (Tex. 1999) (duty to keep livestock from roaming at large) Text
McMillan v. Parker, 910 S.W.2d 616 (Tex. App. 1995) (state recreational-use statute does not apply to social guest) Text
Lipton v. Wilhite, 902 S.W.2d 598 (Tex. App. 1995) (social guest’s negligence action against landowner) Text
Smith v. Andrews, 832 S.W.2d 395 (Tex. App. 1992) (no duty to warn visitor that horses may kick) Text
Hollingsworth v. King, 810 S.W.2d 772 (Tex. App. 1991) writ denied, 816 S.W.2d 340 (Tex. 1991) (action to recover damages against horse owners) Text
Gray v. Davis, 792 S.W.2d 856 (Tex. App. 1990) (action to recover for injuries sustained as result of escape stallions) Text
UTAH
Utah Stream Access Coalition v. VR Acquisitions, LLC, 531 P.3d 195 (Utah 2023) (Public Waters Access Act limits public recreational access to water flowing over private landowners’ streambeds underlying state waters) Text
Liley v. Cedar Springs Ranch Inc., 2017 UT App 166, 405 P.3d 817 (motorist hit cow and sued landowner, landowner did not own cow; reversed ruling that landowner owed duty to motorist)
Perrine v. Kennecott Min. Corp., 911 P.2d 1290 (Utah 1996) (denying protection to landlord; defining “public”) Text
Whipple v. Am. Fork Irr. Co., 910 P.2d 1218 (Utah 1996) (wrongful death action against landowner) Text
Golding v. Ashley Cent. Irr. Co., 902 P.2d 142 (Utah 1995) (wrongful death suit against canal owner) Text
Cornia v. Wilcox, 898 P.2d 1379 (Utah 1995) (action for damages for trespassing livestock) Text
Smurthwaite v. Painter, 755 P.2d 753 (Utah Ct. App. 1988) (action against landowner to recover for loss of animals) Text
VERMONT
Zukatis by Zukatis v. Perry, 682 A.2d 964 (Vt. 1996) (trespasser’s personal injury action against landowner) Text
VIRGINIA
Shoemaker v. Funkhouser, 299 Va. 471 (Va. 2021) (state recreational immunity statute does not cover a landowner granting permission to shoot targets on their property) Text
Bd. of Sup’rs of Rockingham County v. Stickley, 556 S.E.2d 748 (Va. 2002) (raising wild birds not allowed) Text
Rowe v. Holly Hill Farm Corp., 19 Va. Cir. 344 (Va. Cir. Ct. 1990) rev’d, 404 S.E.2d 48 (Va. 1991) (landowner’s contribution to cost of fencing) Text (for 404 S.E.2d 48)
WASHINGTON
Painter v. Sullivan, 198 Wash. App. 1061 (2017) (plaintiff brought negligence claim against landlord when she fell near horse corral on landlord’s property
Cline Smith Cattle Co. Inc. v. Kinch Farms, Inc., No. 32314-5-III, 2015 WL 5314256 (Wash. Ct. App. Sept. 10, 2015)(fire escaped and damaged adjacent project) Text
Hurley v. Port Blakely Tree Farms L.P., 182 Wash. App. 753, 332 P.3d 469 (2014) review denied sub nom. Hurley v. Campbell Menasha, LLC, 182 Wash. 2d 1008, 344 P.3d 688 (2015)(liability of landowner for landslides) Text
Jackass Mt. Ranch, Inc. v. S. Columbia Basin Irr. Dist., 175 Wash. App. 374, 305 P.3d 1108 (2013)(cherry orchard damaged by land slide) Text
Eastwood v. Horse Harbor Foundation, 241 P.3d 1256 (Wash. 2010) (lessee liability for physical damage to leasehold) Text
Ruiz v. Washington, 225 P.3d 458 (Wash. Ct. App. 2010) (immunity under Forest Practices Act) Text
Hickle v. Whitney Farms, Inc., 64 P.3d 1244 (Wash. 2003) (hazardous wastes on farmland) Text
Trevino v. Pacificorp, 109 Wash. App. 1053 (Wash. Ct. App. 2001) (landowner immunity under recreational use statute)
City of Benton City v. Adrian, 748 P.2d 679 (Wash. Ct. App. 1988) (suit arising out of discharge of excess irrigation water) Text
WEST VIRGINIA
Bradley v. Dye, 875 S.E.2d 238 (W. Va. 2022) (landowner owed a duty of care to prevent logging on adjacent neighbor’s property) Text
WISCONSIN
Wilson Mut. Ins. Co. v. Falk, 2014 WI 136, 360 Wis. 2d 67, 857 N.W.2d 156 (insurer denied duty to defend regarding manure leaching into neighbor’s well) Text
Bickford Farms, Inc. v. Alliant Energy Corp., No. 2009AP1323-FT, 2009 WL 2882825 (Sept. 10, 2009) (stray voltage)
Heritage Farms, Inc. v. Markel Ins. Co., 762 N.W.2d 652 (Wis. 2009) (upholding statute awarding double damages for fire set under set circumstances) Text
Gumz v. N. States Power Co., 742 N.W.2d 271 (Wis. 2007) (stray voltage) Text
Bryhan v. Pink, 718 N.W.2d 112 (Wis. Ct. App. 2006) (damages for trespassing cattle) Text
Johnson v. Nat’l Fire Ins. Co. of Hartford, 562 N.W.2d 927 (Wis. Ct. App. 1997) (injuries action, defining “owner” under recreational immunity law)
Verdoljak v. Mosinee Paper Corp., 547 N.W.2d 602 (Wis. 1996) (landowner’s limited liability for an injury) Text
Sievert v. Am. Family Mut. Ins. Co., 528 N.W.2d 413 (Wis. 1995) (walking on dock to greet neighbor is not “recreational activity”) Text
Hudson v. Janesville Conservation Club, 484 N.W.2d 132 (Wis. 1992) (immunity from liability for injuries caused by wild animal) Text
Lee v. Elk Rod & Gun Club, Inc., 473 N.W.2d 581 (Wis. Ct. App. 1991) (personal injuries action against hunting and fishing club) Text
Hall v. Turtle Lake Lions Club, 431 N.W.2d 696 (Wis. Ct. App. 1988) (injuries sustained during agricultural fair, definition of “owner”) Text
White v. Leeder, 424 N.W.2d 722 (Wis. Ct. App. 1988) rev’d, 440 N.W.2d 557 (Wis. 1989) (herdsman’s action to recover for injuries sustained when bull butted him) Text
WYOMING
Lyman v. Childs, 524 P.3d 744 (Wyo. 2023) (finding that fence built for convenience of terrain was permissive and defeated adjacent landowner’s adverse possession claim) Text
Johnson v. Dale C. & Helen W. Johnson Family Revocable Trust, 2015 WY 42, 345 P.3d 883 (Wyo. 2015) (fall from hay wagon)
Beckwith v. Weber, 2012 WY 62, 277 P.3d 713 (Wyo. 2012)(fall from horse while on trail ride) Text
Long v. Daly, 156 P.3d 994 (Wyo. 2007) (duty of care in maintaining fences) Text
Foote v. Simek, 139 P.3d 455 (Wyo. 2006) (recreational ranch owner’s duty of care to employee) Text
Reed v. Cloninger, 131 P.3d 359 (Wyo. 2006) (irrigation flooding) Text
White v. Allen, 115 P.3d 8 (Wyo. 2005) (enjoining servient estate holder from placing gates on cattle guard) Text
Dorsett v. Moore, 61 P.3d 1221 (Wyo. 2003) (liability for fence repairs) Text
Andersen v. Two Dot Ranch, Inc., 49 P.3d 1011 (Wyo. 2002) (duty of care for open range cattle) Text
Halpern v. Wheeldon, 890 P.2d 562 (Wyo. 1995) (liability under recreation safety act) Text
Haderlie v. Sondgeroth, 866 P.2d 703 (Wyo. 1993) (personal injury action) Text