Understanding the Role of Negligence in Texas Agricultural Accidents

If You Are Injured Working on a Texas Ranch or Farm, What is Your Recourse?

In or near the Houston area, if you are injured in an agricultural accident that wasn’t your fault, you may qualify for compensation to cover your medical expenses, lost wages, and more, but you must reach out immediately to a Brazoria County agricultural injury attorney.

Agriculture is an ancient and dangerous occupation. Hazardous chemicals, heavy machinery, and other factors constantly put farmers, ranchers, their employees, and their family members at risk for injuries and fatalities. Agriculture in Texas includes a great deal more than cattle ranching.

Texas also grows cotton, grains, fruits, nuts, vegetables, and timber. In fact, more farms and ranches are set in Texas than any other state, with 248,416 farms and ranches spread over 127 million acres, creating plenty of opportunities for agricultural accidents, injuries, and fatalities.

What is the Leading Cause of Farm and Ranch Accidents?

Learning how agricultural injuries happen is the first step to reducing the number of accidents and creating a safer agricultural environment. The most common cause of injuries and fatalities on Texas farms and ranches is improperly maintained or defective machinery and equipment.

Modern agriculture relies to a great extent on tractors, but despite the sturdy appearance, a tractor can easily roll over if it’s on uneven ground or operated improperly. Tractor rollovers and similar accidents involving heavy equipment can cause catastrophic and fatal injuries.

Even for experienced operators, tractors, harvesters, balers, and combines can be dangerous. When this equipment malfunctions or when it is used negligently or without proper training, serious injuries and fatalities can happen. Limbs can be entangled, and workers can be crushed.

What Are the Other Causes of Farm and Ranch Accidents?

Malfunctioning and defective vehicles and heavy equipment are the leading cause of agricultural accidents in this state, but injuries and deaths on Texas farms and ranches also have a variety of other causes, including but not limited to:

Livestock: Farm animals like bulls and horses can be unpredictable. From dangerous kicks to uncontrollable stampedes, the size, weight, and sometimes aggressive nature of farm animals may cause catastrophic injuries, and in too many cases, fatalities.

Exposure to hazardous chemicals: Modern agriculture frequently requires the use of fertilizers and pesticides that have been linked to serious health conditions including skin burns, respiratory issues, and reproductive health problems.

Grain silo incidents: Workers in grain silos can suffocate when they are trapped in shifting grain. Falls and malfunctioning equipment are also linked to the injuries and fatalities that happen in grain silos.

While agricultural accidents have a variety of causes, the final root cause of almost every serious agricultural accident is human negligence: a farmer’s or rancher’s negligence, a worker’s negligence, or the negligence of an equipment or vehicle manufacturer.

Ranch and Farm Accidents: How is Liability Determined?

For example, ranch and farm owners are negligent – and may be deemed liable for accidents, injuries, and fatalities – when they do not provide workers with adequate training or if they let untrained personnel undertake dangerous tasks.

When someone is injured in an accident that involves a vehicle or other heavy equipment, the manufacturer may be held liable for manufacturing and selling a defective product. However, if poor maintenance causes an equipment or vehicle failure, the owner may have liability.

Cutting corners and neglecting safety measures are never good ideas. Farm and ranch owners and managers may also be held liable when they do not instruct workers to wear protective safety gear, store hazardous materials safely, and adhere to standard safety protocols.

How Are Victims Compensated for Ranch and Farm-Related Injuries?

If you are employed on a ranch or farm in Texas, and you are injured in the course and scope of your employment duties, you may qualify for workers’ compensation benefits, but only if your employer carries workers’ compensation insurance.

If you are covered by workers’ comp, in most cases, you can’t sue an employer for a work-related injury or illness. However, private employers in this state are not required to have workers’ compensation insurance.

If you are not covered by workers’ comp, and if you believe that you have been injured on a ranch or farm because an employer or a vehicle or equipment manufacturer was negligent, schedule a consultation as quickly as possible with a Brazoria County personal injury lawyer.

When Should You Schedule a Legal Consultation?

In this state, the statute of limitations for filing a personal injury claim – that is, the deadline for taking legal action – is usually two years from the date of the injury, although the law allows for several narrow exceptions.

With the Kahn Law Firm, you will no have to pay any fees upfront and no fee until and unless we recover the compensation you’re entitled to under Texas law.

Of course, you should not wait two years to speak to an attorney. Memories fade over time, and evidence can be tampered with, lost, or contaminated. As soon as you have been examined and treated for your injury, schedule a consultation with a Brazoria County personal injury lawyer.

Where Should You Turn for Legal Help After an Agricultural Injury?

If you are injured in an agricultural accident anywhere in or near the greater Houston area, it doesn’t cost anything to learn more about your rights. Call the Kahn Law Firm immediately at 713-999-6549 to schedule a free case evaluation with no obligation.

Our legal team will explain how Texas law applies to your case, and we will provide the sound, personalized legal advice you’ll need. For more than two decades, attorneys Jennifer Kahn and John J. Kahn, Jr. have been prevailing on behalf of injury victims in the Houston area.

We have considerable experience resolving the most difficult personal injury cases. We settle some claims before filing a lawsuit, but if an acceptable settlement amount isn’t offered, the Kahn Law Firm will fight for your rights in court. We know how to win the compensation you need.