negligence

Current Legal Rules Benefit Spray Applicators When It Comes to Pesticide Drift

Photo by Edwin Remsberg Homeowners, landowners, pesticide applicators, and farmers are concerned about pesticide drift. It may injure a homeowner’s garden or flowers or ruin a neighboring farmer’s crop. While no Maryland court has considered the issue of liability from pesticide drift, courts in...

Taking Biosecurity Measures to Limit Your Legal Liability for the Spread of Avian Influenza

The possibility of an avian influenza (AI) outbreak on the Delmarva is a scary possibility. The recent AI outbreak in the Midwest has resulted in the infection of over 48 million birds on 223 farms. Infected birds are euthanized to help contain the disease, resulting in large economic loss to both...

Frequently Asked Questions: Organic Crops and GMO Pollen Cross-Contamination

Photo by John Severns, Source Wikicommons This post should not be construed as legal advice For the most part, crops are in the ground and growing now, but issues can exist when we have genetically modified organism (GMO) crops growing near organics. Let’s talk about GMO contamination of organic...

A Quick Overview of Pesticide Drift Liability

Photo by Edwin Remsberg This post should not be considered legal advice Recently I was asked to present at the University of Maryland Extension’s commercial pesticide training in Frederick and Denton. My topic was pesticide drift liability. I decided to bypass looking at the administrative process...

Understanding Agricultural Liability: Livestock and Other Animals (FS-990)

Understanding Agricultural Liability: Livestock and Other Animals (FS-990, 2014), discusses potential liability for livestock and other animals you may have on the farm. Typical theories for liability would include strict liability and negligence. This publication walks you through previous...

Is Hanging a "Beware of Dog" Sign a Good Idea?

Note: This blog is not a substitute for legal advice. When dealing with dogs (or any domesticated animal), an owner may face potential liability for injuries caused by his/her dog. Many of you often wonder if hanging a “Beware of Dog” sign and good idea? Does hanging the sign admit that you believe...

Defenses to Negligence: Assumption of the Risk

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...
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