Re: community gardens- dealing with liability issues

This is a big, big issue. First of all we live in a country where lawsuits are dispensed like disposable cups.

You could find an insurance policy by yourselves or thru an organization that helps non-profits with their insurance or you could see if the museum's insurance already covers the garden. They must have a policy that includes coverage of their grounds. Unfortunately the museum may have changed it's mind about the arrangement with the advocacy group and is using the insurance as a way to say get lost.

There are precedents with lawsuits against community gardens. They have happened, a few legitimate lawsuits and others not. A few resulted in monetary awards to the plantiff. In New York City most of the gardens are now covered by the city's Parks Dept. or have an arrangement thru a non-profit organization. Without coverage, individual garden members could become the focus of a lawsuit. That would be a big problem.

You may have to reassess whether this museum is a good partner after all. If they refuse to cover the garden (of course it may not be them, insurance companies are always looking to reduce their responsibilities) and the advocacy group can't raise the money, this project may have to be moved elsewhere.


William Hohauser
6th Street and Avenue B Garden
New York City

On Jul 12, 2006, at 7:16 PM, Molly MacDonald wrote:

Hi everyone

I am part of an organization that links groups that
want to start a community garden with community
partners who have land to offer. We're a brand new
group and are still learning the ins and outs of
community gardening. We've recently linked an
anti-poverty advocacy group with a local museum that
has land in their courtyard. The land has been tilled
and plots prepared, but the museum has now said that
planting cannot take place unless the gardeners come
up with insurance. Since all of them are on welfare or
disability this is hardly a fair request. I was just
wondering what other people's experience has been with
this sort of issue. Is there a precedent for lawsuits
in community gardens? Does anyone have any suggestions
as to how to quell the museum's fears, navigate this
situation etc? Thank you.
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