Hayrides in Texas can offer friends and family a few hours of fun. However, sometimes the fun turns out to be a disaster for which the hayride operator is responsible.
Fortunately, our attorneys can help you sue a negligent hayride operator for injuries you or your children suffered on their property. It is important to start your claim soon, as Texas law only allows two years for us to collect evidence and file a lawsuit. This is usually more than enough time to determine the extent of the accident. During our investigation, we will find out if multiple parties should be sued. For instance, we will usually file a claim against the hayride driver and the event organizer, even if only the driver was negligent. Our lawyers can also help if your injuries were caused somewhere on the property other than the hayride.
For a free case evaluation with our Dallas personal injury attorneys, contact The Queenan Law Firm, P.C. at (817) 476-1797.
Filing a Lawsuit for Injuries Caused in a Hayride in Texas
As summer marches into autumn, friends and family will no doubt be enjoying hayrides in Texas. While hayrides can be fun, they can result in accidents in countless ways. During a hayride, patrons will ride the back of a truck or wagon lined with hay around the property, which is usually a farm or orchard of some type. You can also usually find hayrides at nearly any seasonal festival throughout the state.
Of course, those responsible for the hayride have a duty to make the event safe. The hayride track should be set up so that guests are aware of it and do not wander in front of the truck. Hayride operators should also make necessary inspections and repairs to their equipment before allowing people access to the event. This includes removing debris from the track and smoothing it out so bumps or potholes do not cause riders to go flying off. Even so, negligent accidents still happen.
Unfortunately, hayrides are not typically regulated by the state. Farms and businesses are more or less left to their own determinations about what is safe. Further, hayride businesses often close down for the season, making it even more challenging to file a lawsuit.
That is why you should contact our Odessa, TX personal injury lawyers immediately after getting injured in a hayride. We can determine who can be sued in your case and gather the evidence to prove it. But you should act fast as you only have so much time to gather evidence and file a claim. Under Tex. Civ. Prac & Rem. Code § 16.003(b), hayride accident victims will only have two years to file a lawsuit. If your claim is filed too late, you will not be able to get compensation for your injuries.
How Hayride Accidents Typically Occur in Texas
Hayride accidents can happen in many different ways. How your case occurred will tell our team a great deal about the circumstances of your case. A hayride accident could happen on a paved road, a dirt track, or completely off-road. Most hayrides also do not have seating and leave riders unsecured. A negligent hayride operator might overload the trailer with as many patrons as possible to earn more money for their business. Hayrides should also be done at a slow pace. Even speeding a little bit could cause riders to fall off.
Inadequate maintenance is the cause of other hayride accidents. Injuries could occur if the side-railing falls off, causing a rider to slip. You might have been injured because garbage or debris was left in the hay, like a nail sticking out.
Your accident might also not have happened on the hayride itself but on the property of the hayride operator. The location might have a confusing layout with no signs pointing patrons in the right direction.
Many hayrides also take place around dusk or at night. As such, you could have been injured because the lighting was poor, causing you to trip and fall. Determining how your accident is a crucial first step in your lawsuit since it points the way to who we should sue for your injuries.
Who You Can Sue for a Hayride Injury in Texas
Who you can sue for your injuries can be difficult to determine without the help of our team. That is because of the unregulated nature of Texas hayrides. When we review your case, we can determine if your hayride was operated by a private individual who is not licensed or a fully licensed business.
We will typically start by assessing the hayride driver’s liability. Since they are carrying the customers, the hayride driver usually has the most responsibility, so it is likely they did something negligent. If the driver was also the owner of the truck and operation, we would typically go straight to a lawsuit if they were unlicensed.
If the hayride driver works for a licensed hayride business, like a farm owner or state fair operator, we can usually file a claim against both parties. Hayride owners and operators are also responsible for ensuring the premises are safe for their patrons. If they did not fix unsafe conditions they knew or should have known about, they can be held liable in a premises liability claim. They might have liability insurance for potential accidents, but we can help you determine the best way to get your compensation.
It is also possible that other patrons caused your hayride injuries. For example, other riders could have been horsing around on the ride. If they were minors, parents can be held liable for their children’s misconduct. We will also look to see if the hayride organizers could have done anything to prevent an unruly patron from injuring you.
Can I Still Sue a Hayride in Texas if I Signed a Waiver?
It is very likely that the hayride operator will make you sign a liability waiver. Whether or not it is valid and prevents you from filing a lawsuit depends on a number of factors.
Liability waivers will typically not stand up in court if the contract language is unclear. Waivers in Texas should be conspicuous and must not hide dangers or conditions in difficult-to-understand terms. A hayride liability waiver that states all the potential hazards in clear words might be more difficult to fight.
It will also depend on what the waiver excuses. Most waivers protect an organizer from their own negligent conduct. However, the waiver will likely not hold up if it does not excuse the hayride operator’s wrongful or grossly negligent acts. Our attorneys can review the waiver you signed to see how it can be challenged.
Our Texas Personal Injury Attorneys Can Help You Get Compensation for Your Hayride Injuries
Call The Queenan Law Firm, P.C. today at (817) 476-1797 for a free case review with our Flower Mound, TX personal injury lawyers.