- Slides: 9
Agriculture Liability Agribusiness
Do Good Fences really make Good neighbors? • You have an old barn on your property that has many lose board on it and the wind picks up blowing, those boards onto your neighbors crop. Are you responsible of the damages that your neighbor has? If your cattle get out onto a public road and are hit by a motorist, are you responsible for the damages to that vehicle or even worse someone’s health?
Define Liability • Farm Liabilities-The responsibility of the farmer or ranch when an accident happens on their property, with their equipment, or even with their livestock. • Employees/employers- it is a good idea to have specific training on dangerous equipment such as PTO’s. It is an employer’s job to stress specific safety regulations. • Liability insurance- may not eliminate loss altogether, but it can help producers if legal action are brought before them.
Agriculture Liability • Agricultural liability can become an issue when visitors participate in “agricultural recreation activity”. • Agricultural recreation activities – Mainly hunting, shooting, swimming, and horseback riding – Also, planting, irrigating, harvesting crops, mechanicing, and livestock activities
House Bill 03 -1003 • There is an agriculture immunity statute in Colorado that helps protect farmers and ranchers from occurring all of the liability when an accident happens. • House Bill 03 -1003 – states that farmers, ranchers, activity instructors, and equipment providers will not be civilly liable for the injury or death that occurs while participating in agricultural recreation activities that have inherent risks.
Lease agreements/Contracts • One way of preventing a legal issue, when agricultural recreation activities are involved, is to develop a contract with the persons involved. • The lease agreement is a good place to list existing hazards and it should include a statement and signatures stating that the lessees are aware of the hazards. • A landowner is required to take all reasonable precautions to ensure the safety of the lessees. • Lessor-the owner of the property • Lessee-the person who is leasing the property
Lease agreements/Contracts • Hunting lease agreements are an example of an agreement that can be made between landowner and lessee. The many purpose of this agreement is to protect the rights of the landowner and the lessee. This contract may also include a liability statement which would help protect the landowner from a lawsuit if injure occur while the hunter is on your land.
“Open Range” or “Fence Out” • Colorado is a “Open Range” or “fence out" state, this means that landowners who do not want livestock on their property are responsible for fencing them out. • However, grazing on roads is not allowed. • If your livestock break through a fence then you are responsible for the cost of the repairs.
Lesson Summary • After reviewing this information, there is no way stop liabilities issues from arising, however, there are thing that can help producers avoid liability issues. – Proper training – Contracts/lease agreements – Liability Insurance