Liability is always a concern with everything we do, but here are a few things that will protect you:
- When Neighborhood Fruit connects you with someone to come pick your fruit, we will also ask them to agree to a also provide them with a liability waiver, indicating that they will not hold you responsible for any injury or illnesses that result from picking or eating your fruit to sign and give to you.
- Taking precaution make injury or illness much less likely to occur. To greatly reduce the risk of falling, Neighborhood Fruit asks that members do not use ladders or climb trees to pick fruit, but instead use poles or extension fruit-pickers to retrieve fruit from high branches. You also want to make sure that your yard is free of hazards, such as holes, sharp objects, and upturned rakes, and that your dog or other pets are tied up or inside at the time that you arrange for the picking. If there are any hazards that you cannot remedy, be sure to specifically warn fruit pickers about those hazards. In this way, you can protect yourself from a lawsuit.
- In many situations, the law provides liability protection to people who donate food to the needy. According to the Bill Emerson Food Security Act, you will be exempt (with some exceptions) from liability if you give your excess harvest to a non-profit organization for distribution to needy individuals. The Act also covers food that caterers or restaurants donate to charities. Of course, not everyone who receives fruit through Neighborhood Fruit would be classified as “needy” or meet the definition of “non-profit organization;” nevertheless, in some situations, the Act will apply and give you protection. To date there have been very few lawsuits resulting from any of the type food giving described in the Act.
