Your Liability for Your Animal’s Behavior
Q. Can you address any legal developments regarding an owner’s liability for farm animals which wander onto a public highway and cause an accident? A. To update an issue that we addressed in a column last year, a recent decision by a New York appellate court has cast considerable doubt as to when, if ever,…
Should You Sign a Release in Exchange for Severance Pay?
Q. I’m being let go from my job, and my employer has offered me severance pay in exchange for signing a release. What are my rights? Most employees who work in New York are considered to be “at will” employees. There are, of course, exceptions – for example, employees who have a contract of employment…
Why You Might Need a Written Contract for CSA Customers
Q. Should I have a written agreement in place with members who participate in my farm’s Community Supported Agriculture program? Community Supported Agriculture (CSA) is an alternative model of agricultural food distribution which first originated in Europe in the 1960’s and has since become increasingly popular in the United States over the past three decades….
Can a Release of Claims be Set Aside By the Courts?
Q. Are there any circumstances in which a release of claims can be set aside as unenforceable? A release is a legal document entered into between two parties to resolve actual or potential claims between them. Basically, by signing a release one party agrees to give up or waive the right to pursue a claim…
Understanding the Statute of Limitations for Your Claim
Q. I think I may have a legal claim. How long can I wait to decide whether to file a lawsuit? Every claim that might be the subject of a lawsuit or other court proceeding must be brought within a specified period of time – referred to as a “statute of limitations.” If the claim…
How Long Will Your Personal Injury Case Take?
Q. How long does it take to litigate a personal injury lawsuit from start to finish? While that is a perfectly fair question (and one which is frequently asked by prospective personal injury clients), it is also a very difficult question to answer for any personal injury lawyer – other than to note that the…
What Issues You Should Consider When a Third Party Wants to Develop Your Land
Q. What issues should be considered in negotiating lease agreements with developers for non-farming commercial activities? A. Many farmers are blessed with a resource much sought after by third party developers of commercial projects such as cell towers, wind turbine farms, and natural gas wells – large amounts of isolated, undeveloped land. For this reason,…
Why a Neighbor’s Complaint Could Land Farm Owners in Court
Q. A neighboring residential property owner has recently complained that noise and odor coming from my farm operations are a “nuisance” and has threatened to take me to court. What can I do? A. The manner in which a particular property is used can sometimes produce effects which travel beyond property lines. An owner who…
What Federal Courts Have to Say About the SAFE Act
How does the Federal Court’s recent decision affect New York SAFE Act? A previous edition of this column addressed the New York Secure Ammunition and Firearms Enforcement Act, more commonly referred to as the NY SAFE Act. The SAFE Act was enacted on January 15, 2013, only weeks after the shooting at Sandy Hook Elementary…
How to Limit Your Liability When Offering Horseback Rides
I offer guided horseback riding to the public for a fee. Can I limit my liability by requiring riders to sign a release? While horseback riding has always been a popular recreational pursuit, the activity presents a number of inherent risks of injury that are simply beyond the control of even the most careful owner…