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Liability

The Sallee Case is Back With No Fault Found In Farm Owners

May 26th, 2015 by

More than two years ago Sallee v. Stewart made headlines when the Iowa Supreme Court ruled the state’s “recreational use statute” did not apply to a chaperone who was injured while supervising children playing in a barn. Recreational use statutes provide protection against negligence claims for landowners who open their land to the public. The case received a great deal of attention from farmers, insurance…

The Value of a Written Hunting Lease

March 13th, 2015 by

Southern Iowa and Northern Missouri contain some of the most prized whitetail deer hunting ground in the country. Whether you’re letting a neighbor, farm tenant, or a non-resident use your land for hunting, a written lease is crucial for protecting your rights on the property, ensuring quality deer management, and protecting yourself from liability and lawsuits. This article discusses some of the basic provisions of…

Legal Issues with Mentoring Beginning Farmers

March 8th, 2015 by

I recently had the opportunity to give a presentation on the legal issues involved in mentoring new farmers or using “internships” on your farm. Such arrangements have become particularly prevalent for small retail farms – those selling vegetables, meat, or value added goods directly to consumers through farmers markets, food coops, or community supported agriculture (CSA). The below powerpoint was developed for the Women, Food…

The Sallee Case & Iowa’s Recreational Use Statute

September 19th, 2013 by

Landowner liability for on-farm visitors and Iowa’s recreational use statute received a great deal of attention in 2013. In the Sallee v. Stewart opinion the Iowa Supreme Court addressed several distinct issues in Iowa’s recreational use statute, which limited the reach of the protections offered by the statute. This raised significant concerns from landowners, insurers, and others.  The Iowa Legislature quickly reformed the statute, attempting to…