Contributory Negligence and Assumption of the Risk Offer Two Potential Defenses for Maryland Agricultural Operations

Abstract

Legal risk management requires planning through use of a host of tools. Tools could include use of a business organization structure, liability insurance, working with an attorney, proper signage, and so on. One potential area of a legal risk management plan could be the application of defenses to legal claims. Legal defenses could limit claims against you or your agricultural operation. One important note: you should never rely solely on a legal defense; in many cases they are fact specific and may not apply in all situations.

When looking at a negligence claim against you or your agricultural operation, you should be aware of the defenses of contributory negligence and assumption of the risk. For those unfamiliar with the term, negligence it is the failure to use reasonable care, resulting in injury or damage to another. Each of the defenses, contributory negligence and assumption of the risk, requires the injured party to take an action that relieves you of liability.

Keywords: contributory negligence, negligence, assumption of the risk, agricultural law, agriculture, agritourism, limited liability

JEL Classification: K12