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Hiring a farm sitter and liability potential

Around The Farm
#1

The guy who brings me my alfalfa hay has brought his wife along a few times. He keeps pushing her at me. She’s good with the horses, and i’m thinking of having her farm-sit when i deploy. Now, deployments are anywhere from three days to 14 days, and my deployments are spur-of-the-moment, (hurricanes usually give you more notice though) with nary an hour to get to our district office, so i’d need to coach her in advance. Then, the day of, have her come immediately (they live 90 mins away) and get a verrrrrry quick run-through. She’s dying to help. And hay delivery guy is really into her getting hooked up here for some odd reason. Anyhoooooo…last night, as i was falling asleep i thought of this woman, feeding out flakes of alfalfa (if it’s in the winter) to my herd of horses. How they shove eachother around and how, if she doens’t have her head-on-a-swivel, she could get really badly hurt really fast. Now, i’ll just bet she’ll poo-poo the risk, and i’m inclined to give her a try… BUT!!! i could lose everything if she sued couldn’t i?

What protections are there for this scenario, (if any)?

1 Like
#2

Your farm set up seems pretty wild-n-free for a farm sitter, honestly. If she feels comfortable with just a small amount of training, it just shows you what she doesn’t know. Because just based on what you’ve described about the amount of land, the amount of animals, and all the different groupings, it would take a LONG time before I, if I were asked, would feel comfortable on a farm your size and complexity.

8 Likes
#3

It’s pretty wild’n wooly around here for sure! And many many animals, all free-ranging. It’s not so much a thing of me asking her… She wants to be here. Her husband wants her to be here. She wants to work with my SO, she’s a retired nurse, or help with housework, or barn cleaning, or anything and everything to do with the animals. I’ve resisted for … about 3 years now LOL>. But i’m weakening…

I think spring, summer, fall work could be made very easy for her. I can fix it so she doesn’t have any horse-involvement except for the two elderly ones that live in the front yard. And they are easy-peasy. Winter i think i’d better just not even think about having anyone come in. I can say “No” to deployments as they come up.

I suppose…i could just have her feed the chickens and guineas, Assisted-Living elderly sheep and llama… make sure water is running alright everywhere, and drive around in the sidebyside and do a head-count of cows and horses. When the grass is growing there is not much animal maintenance

I think my main worry is liability. If she’s hired help and not just a visitor then that puts a whole lot more umph on things?? i think??

1 Like
#4

Not specifically for a farm sitter or anything, but in addition to our homeowners and auto insurances we have a $1mil umbrella liability policy that costs us less than $200/year. It’s good to have in general, but especially with animals. We’re in the country but my brain always thinks about a neighbor’s grandkid or a delivery driver seeing the horses and going ‘Oooh, pretty!’ and hurting themselves on the fence, getting a finger nipped, letting a horse out and horse gets on the road…etc etc.

It’s never happened knock on wood but we’ve got it just in case.

4 Likes
#5

When I was this situation with a dangerous horse (not saying yours are dangerous but more feral, mine was full-on dangerous), I made it so the carers never went in the pasture with her. Everything was done over the fence. For 3 months no one except me ever went in with her. I tried to have someone nearby with a longe whip as a backup plan. Never had to use that but it made us all feel better knowing the option was there.

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#6

Second getting an umbrella policy.

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#7

Yep, I’ve got one too (Umbrella policy) . Do a net worth statement and whatever that is buy that amount. It’s cheap.

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#8

Agreed, umbrella policy.
Plus, a hefty release of liability form (for good measure, yes yes I know they’re largely “worthless”).
Do whatever you have to do for your area so that she knows she is not an employee, but an independent contractor.
And set up the horses so that the farm sitter has to interact directly with the animals as little as possible. Like throwing the hay over the fence, not going into the field to dish it out.

2 Likes
#9

I’d be changing that setup before letting anyone who is not a property owner be involved. Just too much chance for injury, and while I agree that a $1M umbrella policy is a good idea (I have one as well), in the real world, that’s hardly any money if there was a serious injury. Even a broken bone is going to get into the mid 6 figures – (my daughter had a car accident where everyone walked away. Passenger of the other car wasn’t wearing a seat belt and sued for shoulder injury that supposedly needed surgery. Initial figures were over $2M. Final settlement was nearly $400k – exceeded my basic auto policy and dipped into my umbrella policy.)

A head/neck injury or other major trauma will easily surpass $1M if you are sued.

4 Likes
#10

Actually, and this is only where I am in Virginia, there are only two activities for which release of liability forms are fully legally valid - horse activities and car racing. I only know this because I had an attorney at work do a deep dive into liability for outdoor events, and this was her very reasoned conclusion. Different states are different, but this is what the law is where I am in VA.

(Guess which two sports I participate in?)

3 Likes
#11

yeah… one million is not enough. We would need to at least cover all our assets. My SO and i had quite a heated debate yesterday morning about this. She has agreed to contact the insurance peeps. I’ll sit down with her and prepare a list of questions. One of which will be can we get a temporary rider. We have had a great number of independant contractors come to help over the years and as far as i know, only two have offered a workmans’ comp certificate: the construction company that renovated our old barn and a tree remover. But all the others are pretty much just winging-it. The guy who cuts and bales our hay, our sheep shearer…the guys who fence. Guys who firewood-out the occasional fallen trees. Tree trimmer… so many who work here who could get hurt while doing it. I think it’s time we review our entire insurance package actually.

More than half the year the herds more-or-less are self-serving. They only actually require an eyes-on for injuries, illnesses and then the perimeter fence needs to be kept secure. Interior fence is ‘meh’ and of almost no consequence until i get back home… or until i recover from an injury should i be downed by something.

1 Like
#12

If this lady isn’t handy, expecting her to check and/or maintain fencing might be a tall order.

#13

She has many attributes: The mustangs i have in for training were interested and took carrots from her. THEY NEVER DO THAT …not until they’re further along anyway.
She can drive a dumptruck.
She’s an RN and used to work at a nursing home.
They have a farm and a few cows and her husband would be available to help in a pinch. I have net fencing to place over a fallen tree and i would show her how. It’s easy. Hardest part is if you have to walk across 50 feet to get to a fence. MOST of my exterior fences have a 4x4/tractor path right along them. and ALL have a horse trail.

Biggest bad thing: She smokes.
Oh, and we generally don’t trust them not to sue. But then, who CAN you trust really???

#14

I really do not feel comfortable relying upon a personal umbrella policy covering an injury to an Employee, I would talk with an insurance agent who knows Farm/Ranch insurance. I suspect there needs to be Workers Comp coverage

We have invited guests who come by every now and then, these people are not paid a cent. My personal liability coverage would cover an injury to them cause by one of our animals

1 Like
#15

A farm sitter would be an independent contractor?

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#16

I would get workers’ comp for sure. In our state employers are immune from liability for on the job injuries provided they carry workers’ comp. I would sign her up as a W-2 employee if it were me

#17

possibly, however in most cases they must supply their own tools to be a true independent and are to be paid by the project not an hourly rate but I suspect if there is an injury they (or their insured provider) may say otherwise

I believe OP is in Missouri, there to be an independent contractor they are a person who can realize a profit or loss as a result of the worker’s services (in addition to the profit or loss ordinarily realized by employees) is generally an independent contractor, but the worker who cannot is an employee

above is item 16
https://labor.mo.gov/des/employers/reportable#:~:text=A%20worker%20who%20can%20realize,who%20cannot%20is%20an%20employee.

I am just attempting point out seeking advise on such matters on an internet board can lead to a serious issues as labor regulations vary greatly state to state. It would make more sense to seek out professionals locally that know just what is required that should be consulted

4 Likes
#18

And if so they would need to provide their own insurance. That could be an option and might be cheaper - at least ask about purchasing insurance as an IC - if it’s cheaper than covering an employee it might be something to negotiate between the house sitter and OP

#19

so i’ve gathered, thanks for the warning :slight_smile: We will be contacting our current agent as well as a different local one. Maybe this coming week… I’ll report back when we gather more info. There’s gotta be a way that makes it feasible to leave your farm without risking losing the whole thing to a lawsuit. (Or do all farmers have family?..i suppose most do actually)

#20

I’d definitely contact your insurance to find out what would happen to you if something happened to her. But I also know (from personal experience of finding anyone willing to farm sit), if she’s willing and able… grab on to her. Farm sitters are really hard to find, especially ones that don’t flake out 2 weeks before they’re supposed to show up and leave you scrambling. Ask me how I know that one. sigh

1 Like

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