Hunting Lease Liability · Published August 2026 · Reviewed by Mathews Metyko, State Bar No. 24096574 · 8 min read
Hurt on a Texas hunting lease, or received a claim letter after a hunter got injured on your land? Texas gives landowners real, statutory protection — but it isn't absolute, and knowing exactly where the line sits matters to both sides.
Quick Answer
- Texas Civil Practice and Remedies Code Section 75.002, the recreational use statute, protects landowners from ordinary negligence claims by hunters and other recreational users — only gross negligence, malicious intent, or bad faith removes that protection.
- Charging a hunting lease fee usually does not defeat this protection — the business-use exception only applies if fees collected exceed 20 times the property's annual tax assessment.
- The Texas Agritourism Act, Chapter 75A, provides a separate layer of protection, invoked by either a posted statutory warning sign or a signed written warning statement.
- A landowner who knew a hazard, such as an unsafe tree stand, existed and did nothing about it can lose the statute's protection under the gross negligence exception.
- The statute of limitations for most Texas personal injury claims, including hunting accidents, is two years from the date of the accident (Civ. Prac. & Rem. Code § 16.003).
Representation on Both Sides — With a Conflicts Screen
The Metyko Law Firm defends landowners, ranch owners, and hunting lease operators against injury claims, and separately represents hunters and their families pursuing claims when a landowner's gross negligence caused a serious injury. Every new matter is screened for conflicts of interest before the firm agrees to representation, and the firm does not represent opposing parties in the same incident.
Why Hire a Hunting Lease Liability Lawyer Instead of a General Injury Attorney?
Hunting lease cases don't run on ordinary negligence law, and a general injury attorney who treats one like a typical premises liability case is starting from the wrong standard entirely. Between the recreational use statute's gross-negligence bar, the business-fee exception's specific 20-times-property-tax threshold, and the separate protections under the Agritourism Act, these cases require knowing exactly which statute applies, whether its conditions were actually met, and what evidence turns ordinary negligence into gross negligence. A general practice unfamiliar with this framework can misjudge a case badly in either direction.
Why South Texas Ranch Country Chooses Mathews Metyko
Hunting leases are a significant source of supplemental income for ranchers and landowners across Atascosa County, Kendall County, and the rest of South Texas ranch country — the same community The Metyko Law Firm already serves in roadway and livestock liability matters. Mathews Metyko has firsthand rodeo and rough stock experience, including bull riding, and understands the practical realities of ranch operations, not just the statutes governing them.
The Recreational Use Statute — What It Actually Protects
Texas Civil Practice and Remedies Code Section 75.002 is the core protection for landowners who allow hunting on their property. Under the statute, a landowner, lessee, or occupant who gives permission to enter land for recreation — hunting included — does not thereby assure the premises are safe, does not owe the hunter a greater degree of care than would be owed to a trespasser, and does not assume responsibility for injuries caused by another hunter's own conduct. In practice, this raises the bar significantly: an injured hunter generally cannot recover on an ordinary negligence theory and must instead prove the landowner was grossly negligent or acted with malicious intent or in bad faith.
Does Charging a Lease Fee Change Anything?
Usually not, and this surprises people on both sides. The recreational use statute includes a business-use exception, but it only applies if the total fees a landowner collected in the previous calendar year exceeded 20 times the property tax assessed on the land that year. For most working ranches, that threshold is far higher than what a typical hunting lease actually generates, which means the recreational use statute's heightened gross-negligence standard usually still applies even though hunters are paying to be there. This is a fact-specific calculation, though — it has to be run against the actual numbers for the property in question, not assumed either way.
The Texas Agritourism Act Provides a Separate Layer of Protection
Beyond the recreational use statute, Civil Practice and Remedies Code Chapter 75A — the Texas Agritourism Act — provides that an agritourism entity is generally not liable for injury or death of a participant resulting from an agritourism activity, a category that can include hunting operations run as a business. This protection is invoked one of two ways: posting a specific statutory warning sign in a clearly visible location under Section 75A.003, or obtaining a signed written agreement and warning statement from each participant under Section 75A.004. Neither route protects an operation from claims involving its own negligence showing disregard for participant safety, a known dangerous condition it failed to disclose, or a failure to properly train staff — the Act limits liability for the inherent unpredictability of the activity itself, not for the operator's own carelessness. A hunting operation that has both statutes properly in place — permission under Section 75.002 and a compliant sign or warning statement under Chapter 75A — has meaningfully stronger protection than one that has neither.
Tree Stands and the Gross Negligence Exception
Tree stand falls are among the most common serious hunting injuries, and they illustrate exactly where the recreational use statute's protection ends. Ordinary wear on a tree stand, or a defect the landowner didn't know about and had no reason to suspect, generally will not defeat the statute's protection — the hunter's remedy in that scenario, if any, may lie against whoever manufactured or installed the stand, not the landowner. But a landowner who knew a specific tree stand could no longer safely bear weight, and left it in place without removing it or warning hunters away from it, has given an injured hunter real evidence of gross negligence. The difference between an unknown defect and a known, ignored hazard is often the entire case.
Common Causes of Hunting Lease Injuries
- Falls from tree stands or elevated blinds — particularly where a known defect or instability went unaddressed
- Negligent firearm handling by another hunter — a failure to identify the target or line of fire
- ATV or UTV rollovers on uneven ranch terrain while accessing a hunting site
- Unmarked hazards on the property — abandoned wells, cattle guards, or fencing a landowner knew about but didn't disclose
- Inadequate supervision of inexperienced or underage hunters on a guided or outfitted lease
- Drowning or water-related incidents during a hunting trip, particularly around stock tanks or river crossings
What to Do After a Hunting Lease Accident
- Get medical attention right away — falls from height and firearm-related injuries can be more serious than they first appear
- Photograph the hazard — the tree stand, blind, or condition involved — before it's repaired or removed
- Preserve the lease agreement and any waiver or warning statement provided, since these documents are central to the analysis
- Get witness contact information from anyone who saw the accident or knew about the hazard beforehand
- Document any prior complaints about the hazard, including when they were made and to whom
- Do not give a recorded statement to an insurer without speaking to an attorney first
- Contact an attorney promptly — proving what a landowner knew often depends on evidence and memory that fade quickly
Frequently Asked Questions
Can a landowner be sued if a hunter is injured on a Texas hunting lease?
Only in limited circumstances. Civil Practice and Remedies Code Section 75.002 provides that a landowner who gives permission to enter land for recreation, including hunting, does not assure the premises are safe and does not owe a greater duty than is owed to a trespasser. That protection does not apply if the landowner was grossly negligent or acted with malicious intent or in bad faith.
Does charging a fee for a hunting lease remove the landowner's legal protection in Texas?
Usually not. The recreational use statute's business-use exception only applies if fees collected in the previous calendar year exceeded 20 times the property tax assessed on the land that year. Most ordinary hunting lease fees fall well short of that threshold, so the statute's protection typically still applies.
What is the Texas Agritourism Act and how does it apply to hunting?
The Texas Agritourism Act, Chapter 75A, provides that an agritourism entity is generally not liable for injury or death of a participant resulting from an agritourism activity, which can include hunting operations. This is invoked either by posting a specific statutory warning sign or by obtaining a signed written agreement and warning statement, in addition to the recreational use statute. It does not protect an operation from its own negligence, a known and undisclosed hazard, or a failure to properly train staff.
Is a landowner liable if a tree stand collapses and injures a hunter in Texas?
It depends on what the landowner knew. An unknown defect generally won't defeat the recreational use statute's protection. But if the landowner knew a tree stand could no longer safely bear weight and left it in place without removing it or warning hunters, that can support a gross negligence claim.
Do high-fence or exotic game hunting operations in Texas have different liability rules?
The same recreational use statute and Agritourism Act framework applies, but a commercial high-fence or exotic game operation is more likely to be run as a business than a casual family lease. That makes it more important for the operation to formally document its written warning statement under the Agritourism Act and track fee income against the recreational use statute's business-use threshold, since a larger commercial operation is more likely to approach it.
How long do I have to file a hunting accident claim in Texas?
In most cases, Civil Practice and Remedies Code Section 16.003 gives you two years from the date of the accident. Because these claims require proving gross negligence rather than ordinary negligence, and evidence of what the landowner knew can be hard to establish later, it's important to speak with an attorney promptly.
Why hire a hunting lease liability lawyer instead of a general injury attorney?
These cases run on the recreational use statute's gross-negligence standard, the business-fee exception's specific threshold, and the separate Agritourism Act protections — not ordinary negligence law. A hunting lease liability lawyer who knows this framework can evaluate a case accurately; a general practice unfamiliar with it can misjudge the case in either direction.
About the Author
Mathews Metyko
Attorney at Law — The Metyko Law Firm PLLC | OEF Veteran | MBA | St. Mary's Law | Firsthand rodeo and rough stock experience, including bull riding