Understanding Agricultural Liability: Legal Risk Management Considerations

Virtually every lawyer will tell you of clients to whom they have had to say — “if you had just come to me as you started, I could have helped guide you or helped you avoid [the farm’s current legal problem].” The intent of this fact sheet is not to be a shill for lawyers; this fact sheet should be considered another tool to consider in the reader’s risk management plan. As a risk management tool, this fact sheet will provide some thoughts on what farmers should do in order to protect themselves from legal challenges from a nuisance claim or a claim of a violation of an environmental permit. Farmers should realize that following the points discussed in this fact sheet will not eliminate threats of lawsuits. Elimination of 100 percent of legal risk is not possible. However, there are tools available to help you minimize the risks and costs associated with litigation. For example, use of insurance, such as comprehensive liability insurance, can help spread some of the risk to a third party (the insurance company) but does not eliminate 100 percent the risk. Following the suggestions in this article or the advice of a trusted attorney can help you limit the risk for a potential lawsuit, but good advice can help minimize the risk and help you build a successful defense if you are sued.