Volunteer Liability on Small Farms

Who is a volunteer, and who might be an employee?

A casual helper who comes for an afternoon, receives nothing, and could say no at any time is very different from someone who works regular hours in exchange for meals, lodging or goods. The second situation can blur into employment under some state rules.

Because the line is set by state and federal rules that vary, ask your state department of labor how they treat unpaid help on a working farm. Describe your situation honestly, including any food, housing or produce you give in return.

Children and school or scout groups add another layer. Ask the group leader what permissions and supervision they provide, and plan tasks that suit the youngest person present.

What risks do volunteers actually face on a small farm?

Most injuries on small farms come from ordinary things: slips on wet ground, strains from lifting, kicks and bites from animals, cuts from tools, and heat. Extension risk-management materials stress that the person who knows the farm best should assume the visitor does not know where the hazards are.

Walk your property as if you were a first-time visitor and note what could hurt someone.

Think about the less obvious hazards too, such as a gate left open, a dog meeting strangers, or a visitor who wanders into an area you have not shown them. Simple signs and closed gates prevent many surprises.

• Uneven ground, open ditches, wells and loose boards
• Animals that kick, butt, bite or guard young
• Tractors, mowers, augers and other powered equipment
• Ladders, loft openings and stacked feed or hay
• Heat, cold, sun and long hours without water breaks
• Chemicals, fuel and cleaning products stored within reach

How do you set up a safe volunteer day?

Begin with a short briefing before anyone picks up a tool. Show the restrooms, water, first-aid kit and the way to the nearest road in case an ambulance must reach you. Assign tasks that match each person's age, fitness and experience, and keep volunteers away from powered equipment and large animals unless they are trained.

Keep a sign-in sheet with names, dates and emergency contacts. It is useful if someone is hurt and simple to maintain.

At the end of the day, thank people and ask what felt unclear or unsafe. Their answers will improve the next work day, and they will feel like partners rather than free labor.

Do waivers and releases protect you?

Many farmers hear that a signed waiver solves the problem. Whether a waiver is enforceable, and how far it goes, depends on state law and on how it is written. It may not cover every situation, and it does not replace safe practices.

If you want a release, have a licensed attorney in your state review it. Do not copy one from another farm or a website and assume it fits your state.

If you hold regular work days, consider a written statement of expectations that volunteers read and sign, listing safety rules, who is in charge and what to do if they feel unwell. The attorney reviewing your waiver can look at this at the same time.

Does your insurance cover volunteers?

Homeowners and farm policies differ a great deal in what they exclude, especially for business activity, animals and visitors. Never guess. Call your insurance agent, explain that you host unpaid helpers, and ask in plain language what happens if one is injured and what happens if one injures someone else.

Ask also whether a separate farm liability policy, an event rider or workers' compensation coverage is available and when your state expects it. Write down the answers and keep them with your farm records.

Keep copies of your policy declarations page and any written answers from your agent with your sign-in sheets, so you can show later what you asked and what you were told.

What should you do right after an injury?

Get medical help first, and call emergency services for anything serious. Then write down what happened while it is fresh: who, where, when and what was being done. Notify your insurance agent promptly.

Avoid arguing about fault at the scene. Reach out to the person later with care, and let your insurer and, if needed, an attorney guide next steps.

What records are worth keeping?

Keep sign-in sheets, copies of any signed forms, your insurance papers and notes from conversations with your agent and state offices. Store them together and keep them for as long as your insurer or attorney suggests.

Review your practices once a year. Farms change, and a new animal, new equipment or a new building can introduce hazards your earlier plan did not cover.

Last reviewed: November 12, 2026. Written by the Homestead & Small Farm Editorial Team. See our editorial policy.