Junior and Senior level Ag Bus. Colorado Agriscience Curriculum Section: Advanced Agribusiness Unit: Ag Law Lesson Title: Liability Laws Relating to Agriculture Colorado Ag Education Standards and Competencies Colorado Model Content Standard(s): Student Learning Objectives: Time: Resource(s): AGB11/12.02 - The student will be able to communicate a knowledge of current agricultural issues. Understand the implications of Workman's Comp regulations. Identify government legislation and regulations and their effects on agriculture. English Standard 1: Students read and understand a variety of materials. English Standard 4: Students apply thinking skills to their reading, writing, speaking, listening, and viewing English Standard 5: Students read to locate, select, and make use of relevant information from a variety of media, reference, and technological sources. The student will gain a better understanding of agricultural liability. The student will develop a better understanding of how to deal with agricultural liabilities. The student will be able to identify agricultural liabilities. 50 minutes http://osuextra.okstate.edu/pdfs/F-5031web.pdf Casey, Jobes, Purcell, and Steward (1992). Farm and Ranch Business Management. Deere and Company Service Publications Department. Moline, Illinois. Instructions, Tools, Equipment, and Supplies: Power Point presentation Examples of hunting lease contract- http://osuextra.okstate.edu/pdfs/F5031web.pdf Unit 3, Lesson 3: Agricultural Liability 1 Interest Approach: Slide 1 Introduction Slide 2 Do Good Fences really make Good neighbors? Ask students to consider the following questions. You have an old barn on your property that has many loose boards on it and the wind begins blowing, those boards onto your neighbors crop. Are you responsible of the damages that your neighbor has? If you give permission to a hunter to hunt on your land, are you liable for accidents that may occur? 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? Instruction Use the Power Point presentation to introduce agricultural liabilities. Objective 1: The student will gain a better understanding of agricultural liabilities Slide 3 Farm Liabilities-The responsibility of the farmer or rancher when an accident happens on their property, with their equipment, or even with their livestock. In the case of employees, 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. There are many liabilities involved with agriculture. The types of liabilities you might face can vary from operation to operation. We have touched on only a few of them in this lesson the main point is to educate employees on the potential risks they might face, develop contracts with lessee’s, and maintain a safe agriculture environment Objective 2: The student will develop a better understanding of how to deal with agricultural liabilities Slide 4 Agricultural liability can become an issue when visitors participate in an “agricultural recreation activity.” Agricultural recreation activities o Mainly hunting, shooting, swimming, and horseback riding o Also, planting, irrigating, harvesting crops, mechanicing, and livestock activities There is an agriculture immunity statute in Colorado that helps protect farmers and ranchers from occurring all of the liability when an accident happens. Slide 5 House Bill 03-1003 o 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. Unit 3, Lesson 3: Agricultural Liability 2 One way of preventing a legal issue, when agricultural recreation activities are involved, is to develop a contract with the persons involved. So now that we have educated ourselves on the different risks concerning agriculture liabilities how do we deal with these liabilities. You should lead the students in discussion in a direction of reducing risk using contracts, worker education programs, and maintaining a safe agriculture environment. Objective 3: The student will be able to identify agricultural liabilities and possible preventative measures. Slide 6 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 Interviewing a lessee may insure that the land will be properly cared for while the lessee is in custody of the property. Slide 7 Hunting lease agreements are an example of an agreement that can be made between landowner and lessee. The main 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 injuries occur while the hunter is on your land. In Colorado what happens if your cattle do get out and are hit by a vehicle? Slide 8 Colorado is an “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. The injuries that occur to a motorist may or may not be your fault, depending on the condition of your fences. We have identified a few agriculture liabilities. Let us see if we can develop a top ten agriculture liability list. Encourage discussion amongst the students concerning types of liabilities. Develop the top ten list on the bulletin board. Review/Summary: Slide 9 After reviewing this information, there is no way stop liabilities issues from arising, however, there are options that can help producers avoid liability issues. – Proper training – Contracts/lease agreements Unit 3, Lesson 3: Agricultural Liability 3 – Liability Insurance Have students develop risk management plans for three of the liabilities listed on the top ten liabilities on the board. The plans should include at least three objectives for each liability. Application-Extended Classroom Activity: Students should develop a contract for hunting on their agricultural property. They should include any statements that would protect them from an agricultural liability lawsuit. The contract should be no longer than one page including all signatures. Several things to include in a lease are: 1. Description of the recreational rights, services, and facilities being leased 2. Name 3. Description of the property being leased – can include acreage, legal description and map 4. Terms of payment 5. Duration of the lease, season-long leases or daily leases, this may also include the beginning and ending dates of the lease. 6. Definition of who has recreational rights-ex. hunting, fishing, and/or horseback riding 7. Any special rules, restrictions, or responsibilities 8. Termination clause should lessees violate terms of agreement 9. A liability waiver or hold harmless clause and a statement of the lessee’s responsibility for property damages 10. Signatures of all parties involved and addresses of the major parties involved Application--FFA Activity: Application--SAE Activity: FFA Activity Have students write a risk management essay that incorporates identifying liabilities and how they eliminate these liabilities in their SAE. Students who write high quality essays may enter their essays in the Risk Management Contest. SAE Activity Have the class develop a plan for at least three SAE’s that would incorporate agriculture recreation. These plans should be functional in your local area. Evaluation: Have students write a one page risk management essay covering a current agriculture liability law issue. The essay should include the liability, a plan to reduce that liability, and potential results in the reduction of risk from that plan. Evaluation Answer Key: Rubric for Risk Management Essay: Length – 20 pts Grammar – 20 pts Unit 3, Lesson 3: Agricultural Liability 4 Identification of current liability issue – 20 pts Plan to reduce liability – 40 pts Unit 3, Lesson 3: Agricultural Liability 5