If the title looks familiar to you, it’s because back in August Paul wrote a post about a case out of New Hampshire where the court asked the question: should all agritourism activities on the farm be considered agriculture in nature? The court in New Hampshire ruled that weddings were not an accessory to a Christmas tree farm and thus not considered agritourism for agricultural purposes. Paul’s full post and overview of this particular case can be found here. Today I am going to tell you about a case in Massachusetts where the court there found that weddings do constitute agritourism for agricultural purposes. I know you might be confused, but I will enlighten you.Read More
Although E. coli bacteria is something mainly associated with improperly cooked or handled food, there is a growing health concern about exposure to E. coli after contacting farm animals at petting zoos, fairs, and at agritourism operations. The public’s growing interest in farming is wonderful when it benefits agriculture operators, but operators need to be vigilant about protecting visitors who come in contact with farm animals.Read More
Happy Friday everyone. Here is our weekly roundup of news and upcoming events.Read More
Do you give tours of your farm operation? Do people knock on your door and ask to see your cow, poultry, vegetable operation, or the like? If your answer to either of these questions is YES, you may have legal questions regarding these interested people.Read More
Note: This post is not a substitute for legal advice.
Today, we continue our series on defenses to negligence with assumption of the risk. Those producers who allow the public on their property (customers, employees of your integrator if you are a poultry operation, etc) or just have concerns about a teenager wrecking his ATV on your property may be curious to learn about potential defenses that may exist. Please remember every negligence claim is different and the facts of each claim will depend on the defenses available.Read More
Unlike Ashley, there really is no common theme to my posts. Today I'm going to focus on a law that does come up from time to time, Maryland's Recreational Use Statute (RUS). RUS encourages owners to allow access to their properties for recreational use by lowering the standard of care owed to the visitor, and is designed to encourage landowners/tenants to make lands available to recreational users. This statute imposes no duty of care on the owner to keep premises safe or give a warning for any recreational or educational user of the property. Rather, under the statute the duty of care owed to a recreational or educational user is the same as the duty of care owed to a trespasser and a landowner/tenant, i.e., to refrain from willful or malicious failure to guard against dangerous conditions on the property.Read More