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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 |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. |

| | |

|Colorado Model Content |English Standard 1: Students read and understand a variety of materials. |

|Standard(s): | |

| |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. |

|Student Learning Objectives: |The student will gain a better understanding of agricultural liability. |

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| |The student will develop a better understanding of how to deal with agricultural liabilities. |

| | |

| |The student will be able to identify agricultural liabilities. |

|Time: |50 minutes |

|Resource(s): | |

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| |Casey, Jobes, Purcell, and Steward (1992). Farm and Ranch Business Management. Deere and Company Service |

| |Publications Department. Moline, Illinois. |

|Instructions, Tools, Equipment,|Power Point presentation |

|and Supplies: | |

| |Examples of hunting lease contract- |

|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 |

| |Mainly hunting, shooting, swimming, and horseback riding |

| |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 |

| |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. |

| | |

| |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 |

| |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|Students should develop a contract for hunting on their agricultural property. They should include any |

|Activity: |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: |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. |

|Application--SAE Activity: |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 |

| |Identification of current liability issue – 20 pts |

| |Plan to reduce liability – 40 pts |

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