Agriculture Liability

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Agriculture Liability

• Agribusiness

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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 someones health?

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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
  PTOs. It is an employers 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.

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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

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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.

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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

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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.

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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.

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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