Ag Law

Selecting an attorney to represent you is not always an easy prospect especially if it is your first time needing legal help. You may not know how to go about finding the right attorney or what questions to ask. Does the attorney have experience handling cases like yours? Do you understand how the attorney will bill you? Are you paying a flat fee or being billed hourly? Selecting the right attorney and understanding expectations on both sides will hopefully lead to a successful attorney-client relationship. Author: Paul Goeringer; Title: Finding An Attorney for Your Case Requires Asking the Right Questions (FS-1097)

Many individuals moving into agricultural areas in Maryland have no farm backgrounds and little understanding of agricultural operations. The same is true of commercial fishing and seafood operations in Maryland. Once there, the new residents may find the noises, insects, farm equipment on the roads, smells, and other characteristics of agricultural and commercial seafood life unexpected and objectionable. While neighbors should consider working together and developing open lines of communication to find solutions, in some cases, this cooperative approach may not work. In response, Maryland introduced a Right-to-Farm (RTF) law in 1981. All 50 states have RTF laws which typically shield agricultural activities from complaining nonfarm neighbors by limiting the scope of and providing a defense for nuisance actions brought against farms and other agricultural operations. In 2014, Maryland extended these protections to commercial seafood operations and watermen. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators by Goeringer and Lynch (FS-973, Published 2017) educates producers on the issues associated with Maryland's Right-to-Farm law.

You can take steps to limit your potential liability by understanding your legal obligation or duty to protect visitors and other third parties from foreseeable harm. You also will need to know to whom you owe the duty and what duty others may owe to you. Steps you can take to limit your liability include obtaining insurance, procuring releases, and providing warnings. You should work with a licensed attorney in your area and your insurance agent to identify the tools that will work best for you. Author: Paul Goeringer; Title: Understanding Agricultural Liability: Premise's Liability (FS-1001)