Welp, I'm Official
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1,505 Posts
Pros:
Legal immunity to damages. If some idiot trips into my hives and gets stung half to death, I am legally immune to any attempted legal action against me for it.
Disease notification. If there are any outbreaks of AFB in my area, for example, I will be notified.
AFB compensation. If there is an outbreak of AFB and I have to destroy any of my hives, the state will compensate me for my losses.
Cons:
None. Registration is free, and although they ask that I follow best practice guidelines there are no actual requirements I have to follow.
I should see about getting some woodburning equipment so I can burn that into my hardware. Especially on my bait hives.
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11,070 Posts
Legal immunity in Tennessee for beekeepers is not absolute. Here is a link to the code:
http://www.tn.gov/agriculture/publications/regulatory/tennessee apiary act.pdf
See the last section of the document.
"(b) The limitation of liability established by this section shall not apply to intentional tortuous conduct or acts or omissions constituting gross negligence. "
http://www.tn.gov/agriculture/publications/regulatory/tennessee apiary act.pdf
See the last section of the document.
"(b) The limitation of liability established by this section shall not apply to intentional tortuous conduct or acts or omissions constituting gross negligence. "
Its good enough for most purposes.
Intentional torturous acts, duh, I can't hold somebody's face down in my hive. Acts of omission constituting gross negligence, so I can't put my hives in the middle of the basketball court at the local elementary school.
For all common sense purposes, its close enough to blanket immunity.
Intentional torturous acts, duh, I can't hold somebody's face down in my hive. Acts of omission constituting gross negligence, so I can't put my hives in the middle of the basketball court at the local elementary school.
For all common sense purposes, its close enough to blanket immunity.
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11,070 Posts
That depends on how creative the plaintiff's attorney is, and that may depend on the assets (yours or your insurance company) available to potentially get hold of.
Who'd a thunk HOT McDonald's coffee would be a successful lawsuit ... :scratch:
I'm not suggesting that apiary registration is a bad thing. I sent in my application the day after my bees got here. And the apiary liability limitation written into Tennessee code is a good thing. But keep in mind it is not absolute.
Who'd a thunk HOT McDonald's coffee would be a successful lawsuit ... :scratch:
I'm not suggesting that apiary registration is a bad thing. I sent in my application the day after my bees got here. And the apiary liability limitation written into Tennessee code is a good thing. But keep in mind it is not absolute.
Um, as much as people make fun of the McDonald's coffee lawsuit, it was perfectly valid. The woman suffered third degree burns over 6% of her body, and second degree burns over 16%. Third degree, that means deep tissue damage. She spent 8 days in the hospital, had to get several skin grafts, and spent 2 years afterwards receiving follow-up treatment.
When you actually start looking at the most famous of the "frivolous lawsuits" and what actually happened, most of the time you find that the plaintiff had a very solid case that was not absurd in any way, and it was the major companies that were drumming everything up to make these people look stupid and greedy as a way to prevent anyone else from filing rightful claims against them.
I heard about that frivolous law suit! The ol' gal dumped her coffee in her lap and sued McDonalds because the coffee was too hot! What did she win..............a days worth of McDonalds coffee sales...............I believe it was around 3 million dollars.
There is no absolute protection from frivolous law suits, if your ever bored look up different corny law suits that have been filed..........and the plaintiffs won!
Yeah but that wasn't a dumb lawsuit, Just like the lady that microwaved her dog after it's bath to dry it off. She won too.
And don't forget the Thieves, murderers and rapists in prison in Cal. They won their suit that tax payers not giving them free cable TV was cruel and unusual punishment because they were missing the sports games.
If you want justice......
And don't forget the Thieves, murderers and rapists in prison in Cal. They won their suit that tax payers not giving them free cable TV was cruel and unusual punishment because they were missing the sports games.
If you want justice......
Well ladies and gentlemen of the jury, it was well within the bounds of prudent assumption for the defendant to have realized that there were small children in the vicinity of his apiary prior to placing the hives there, Any responsible individual should have foreseen that small children Inquisitive in nature and unable to read could wander into the area of these venomous creatures, A responsible individual would have taken measures to ensure the area was completely inaccessible to children by measures such a 6 foot high fence and a locked gate.
This poor innocent child who now as a result of the careless actions of the defendant. will spend the rest of his life in a vegetative as a result of this most unfortunate occurrence, the only child of this lovely couple who now because of the depraved indifference to humane life of the defendant will never have any grandchildren. in fact his callus actions have caused the termination of the entire family line as Mr. (so and so) is the only surviving member of his family line.
I ask you ladies and gentlemen to send a message to all those people who seek to make a profit while disregarding the safety of our children, that you as compassionate loving parents grandparents, and citizens of the great state of Tennessee are not going to stand by an allow entire family lines be whipped from the face of the earth by greed! You Must find in favor of my clients and award them the maximum allowable by law.
Weather in reality all of that would be applicable is merely semantics. but one must remember Juries are made of people who love their family.
You would be surprised how a emotions can get caught up in smoke and mirrors. Nothing is litigation proof.
This poor innocent child who now as a result of the careless actions of the defendant. will spend the rest of his life in a vegetative as a result of this most unfortunate occurrence, the only child of this lovely couple who now because of the depraved indifference to humane life of the defendant will never have any grandchildren. in fact his callus actions have caused the termination of the entire family line as Mr. (so and so) is the only surviving member of his family line.
I ask you ladies and gentlemen to send a message to all those people who seek to make a profit while disregarding the safety of our children, that you as compassionate loving parents grandparents, and citizens of the great state of Tennessee are not going to stand by an allow entire family lines be whipped from the face of the earth by greed! You Must find in favor of my clients and award them the maximum allowable by law.
Weather in reality all of that would be applicable is merely semantics. but one must remember Juries are made of people who love their family.
You would be surprised how a emotions can get caught up in smoke and mirrors. Nothing is litigation proof.
Yes, she got burnt... Yes, it was serious. Still, she bought a hot beverage, and sued because she got precisely that, a hot beverage. If I go out to buy a knife, and play with it while driving, and end up stabbing myself with it, can I sue the knife makers because I had to be hospitalized for a month after stabbing myself in the heart? Because it shouldn't have been that sharp? Because I nearly died?
Driving with hot beverages is dangerous. We all do it anyways, but it remains dangerous nonetheless. If you spill hot coffee on yourself, the label stating it is hot won't change a thing. You can still either burn yourself or get into an accident because of it.
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623 Posts
im gonna sue someone now !!!!!!!!!!!!!!
First, there is a documentary on the McDonalds coffee case. It's on netflix, but you can get the real story online; just google it. It's very clear that McDonalds served superheated liquid to this woman. It gave her third degree burns and she had to get skin grafts. You can find the pictures of her body after it had been burned. Look them up and then a ee if you think it's funny or "just hot coffee". People are entitled to their opinions, but they are not entitled to their facts.
Second there was a long discussion about beekeeper liability this winter. Myself and at least one other attorney could find not a single reported case of a beekeeper being held liable for anything. It's bizarre to me that people keep whipping up fears about this and bemoaning the legal system when it's seems safe to say that you have a greater danger being struck by lightning while working hives than being sued for the way you keep hives.
Second there was a long discussion about beekeeper liability this winter. Myself and at least one other attorney could find not a single reported case of a beekeeper being held liable for anything. It's bizarre to me that people keep whipping up fears about this and bemoaning the legal system when it's seems safe to say that you have a greater danger being struck by lightning while working hives than being sued for the way you keep hives.
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623 Posts
i think what it comes down to is if they can PROVE it was ur bee/livestock/pet that stung them.there are plenty of bees from other colonies investigating beehives located in outyards. its just natural for them to do it. its not like a dogbite or hot coffee in a mcdonalds cup which proves it coming from that praticular place or person's personal bees. ive thought about this myself. im sure there were bees here before we moved here....just maybe not millions and millions of them hahaha.
but my town sure is happy to thank us for heavily pollinating their gardens
but my town sure is happy to thank us for heavily pollinating their gardens
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623 Posts
in respects to the mcdonalds lawsuit. the coolest part to me about it is we get some pretty hillarious stickers on the side of ladders and things with wheels because of it.
:WARNING:HOT
:WARNING:HOT
So does that mean you were a criminal yesterday?
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11,070 Posts
An interesting question, Ace.
Tennessee does have a very small State Apiary Inspection program. The story often circulated is that there is (1) person that handles both inspections and registration paperwork for the entire state. I do know that it took over 3 months to receive my registration number/letter after I submitted my application online. From what I have heard, that is about typical.
Tennessee does have a very small State Apiary Inspection program. The story often circulated is that there is (1) person that handles both inspections and registration paperwork for the entire state. I do know that it took over 3 months to receive my registration number/letter after I submitted my application online. From what I have heard, that is about typical.
You really believe that!!! Come out to Kalifornia where some of the most frivolous law suits happen! Trust me, I work for a government agency and have seen plenty come across the wire. If you honestly think that a beekeeper cannot be sued and win, think again! Take a look under "lawyer" in a phone book here and you will see a novel of them, and there is a reason for that!!
I got sued because "my" fair pig "ran" into some lady working the gates. The lawsuit didnt appear until a year after the fact. I was named in the law suit, when I showed up to arbitration representing myself because I couldn't afford a lawyer, the lady was asked if i was the person she remembers, and all she said was, " it was a tall white boy". When asked what color the pigs were she replied white, I had Hampshires which are mostly black. Needless to say i walked out a winner, but I can't say the fair organization did as they had to pay all her medical expenses.
So don't say that there is never a chance that a beekeeper can get sued!!
Aweber96 I am glad you re not my attorney, There are in fact presidents for suit for bee stings, several where the city or property owner were successfully sued. The beekeeper could have just as easily been named, however the suits were filed where the greatest value lied. In Vista Ca. both the city and the property owner were sued, the property had a sale in progress for 1.5 million, obviously the city would have ample funding. so the beekeeper was left out of the suit, however, I am sure were there no other more valuable options the bee keeper would have been targeted.
Also: A beekeeping family in Maryland with backyard colonies in a residential neighborhood that prohibited fencing between yards, is sued after an accident involving their bees. A 21-month child visiting next door was left unattended briefly. The youngster wandered into the hive area and received many stings. The beekeepers were sued for $1.5 million on each of three counts (negligence, strict liability and nuisance). After much anguish and legal maneuvering, the homeowners insurance of the beekeeper agreed to pay the plaintiffs $7,500 In this case the medical expenses were negligible. Now it was settled, but probably would not have been if it was winnable.
We live in a litigious society to advise anyone not to be concerned about litigation in any instance demonstrates a weak grasp on reality.
Also: A beekeeping family in Maryland with backyard colonies in a residential neighborhood that prohibited fencing between yards, is sued after an accident involving their bees. A 21-month child visiting next door was left unattended briefly. The youngster wandered into the hive area and received many stings. The beekeepers were sued for $1.5 million on each of three counts (negligence, strict liability and nuisance). After much anguish and legal maneuvering, the homeowners insurance of the beekeeper agreed to pay the plaintiffs $7,500 In this case the medical expenses were negligible. Now it was settled, but probably would not have been if it was winnable.
We live in a litigious society to advise anyone not to be concerned about litigation in any instance demonstrates a weak grasp on reality.
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