Re: community gardens- dealing with liability issues


 Please remember that museums are NOT in the garden business. However, if your gardeners worked out a "concept," making this an ART GARDEN, that would compliment the Museum, instead of being an add on - that conceptually would fit in with the museum, then the Museum could see this as a plus..
 
Their attorney is looking to control any liability exposure. Find out what the museum shows (art, local history, fire-trucks, whatever) and create the garden proposal to reflect what the museum does. 
 
If a director buys in, then the attorney, with all of her/his exposure fears will have to be dragged along, albeit kicking and screaming. 
 
Your pal, 
 
Adam (we just got 3.2 Million Dollars from the NYC for the renovation in the Ballfields in Hell's Kitchen's DeWitt Clinton Park) Honigman
 
 
-----Original Message-----
From: lisa@dug.org
To: mollydmacdonald@yahoo.com
Cc: community_garden@mallorn.com
Sent: Thu, 13 Jul 2006 12:53 PM
Subject: Re: [cg] community gardens- dealing with liability issues


That's a tough one given that it's the museum's property and ultimately they 
would be held responsible.  I would think they already have liability insurance 
to cover themselves in such a case, maybe it would just be a matter of having 
gardeners sign a waiver.  That's what we have our gardeners do.
Good luck!
Lisa

DENVER URBAN GARDENS
3377 Blake St Suite #113
Denver, CO 80205
phone: 303-292-9900
fax: 303-292-9911
web: www.dug.org

--- mollydmacdonald@yahoo.com wrote:

From: Molly MacDonald <mollydmacdonald@yahoo.com>
To: community_garden@mallorn.com
Subject: [cg] community gardens- dealing with liability issues
Date: Wed, 12 Jul 2006 16:16:11 -0700 (PDT)

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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To post an e-mail to the list:  community_garden@mallorn.com

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The American Community Gardening Association listserve is only one of ACGA's services to community gardeners. To learn more about the ACGA and to find out how to join, please go to http://www.communitygarden.org


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