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Re: Protecting Your Assets from Legal Attack



Gotta give 'em credit, this is a group that would seem to have an interest in
the topic, at least.  <G>

My attorney and insurance agent agree with me that nobody can stop any durn
fool from suing.  The best defense is a good defense -- document everything
you do and everything you spend on safety, and also document a commitment to
safety and/or quality in your business plan -- including how you propose to
implement that commitment.  For instance, if you allow CSA members to pick
apples put it in the member handbook that nobody is allowed to climb up into
the trees.  If they then climb the tree and fall out and get hurt, well, they
were breaking the published rules.

Anybody can sue anybody.  In order to collect they have to be able to prove
willful disregard or negligence.

I also carry extra insurance in case on of my livestock animals bites somebody
or puts a dent in their car by getting hit by it.  ;-(  And I have standard
"homeowners" plus a farm u-pick policy to cover CSA activities.

Another way to protect personal assets is to incorporate as either a profit or
not-for-profit organization.  A not-for-profit can make money, it just puts
all of its earnings back into the business -- which is what most farms do,
anyway!

Just a few other options in case anybody was falling for the spam.

Dori Green
Ash Grove Community Farm & Center for Sustainable Living
Corning, NY

http://www.agrove.com


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