Southern Minnesota’s agricultural communities face unique hazards. When farm
accidents cause serious injuries, we fight for the compensation you deserve.
Agriculture is the backbone of Southern Minnesota’s economy, and farming is consistently ranked among the most dangerous occupations in the United States. Farm workers face daily exposure to heavy machinery, grain storage hazards, chemical exposure, livestock injuries, and other risks that can cause catastrophic injuries or death.
At Birkholz Law, we understand the agricultural community because we are part of it. Our attorneys serve farming families throughout Southern Minnesota and understand the unique legal issues that arise in farm injury cases, including product liability claims against equipment manufacturers, premises liability claims, employer liability issues, and the interplay between workers’ compensation and personal injury claims.
Farm injury cases often involve complex questions about who is responsible, the equipment manufacturer, a parts supplier, a maintenance contractor, a grain elevator operator or a landowner. Our attorneys conduct thorough investigations to identify all potentially liable parties.
Many farm injuries are caused or worsened by defective equipment, missing safety guards, inadequate warnings, design defects or manufacturing flaws. Under Minnesota product liability law, manufacturers, distributors and sellers of defective products can be held strictly liable for injuries their products cause.
This means you do not need to prove negligence, only that the product was defective and that the defect caused your injury. Common equipment defects in farm injury cases include missing or inadequate PTO shields, defective rollover protection structures (ROPS), faulty hydraulic systems and inadequate safety interlocks.
Grain bin entrapment is one of the most dangerous hazards in agriculture. Workers can become trapped in flowing grain in seconds, and extraction is extremely difficult. Grain bin accidents often result from inadequate safety procedures, missing lockout/tagout protocols, and failure to provide proper entry equipment.
OSHA regulations require specific safety measures for grain bin entry, and violations of these regulations can be powerful evidence in injury and wrongful death claims. Our attorneys investigate grain bin accidents thoroughly to identify all responsible parties.
Farm workers injured on the job may be entitled to workers’ compensation benefits, but Minnesota’s agricultural exemptions mean that not all farm workers are covered. Under Minn. Stat. § 176.011, subd. 9, farms with fewer than $75,000 in annual payroll are generally exempt from mandatory workers’ compensation coverage.
Even when workers’ compensation applies, it may not fully compensate the injured worker — workers’ comp does not cover pain and suffering, and wage replacement is limited to two-thirds of the worker’s average weekly wage. When a third party (such as an equipment manufacturer, chemical supplier, or grain elevator operator) is responsible for the injury, the worker may also have a personal injury claim that provides additional compensation beyond what workers’ comp offers.
Tractor rollovers are the leading cause of farm fatalities in the United States. Rollover Protection Structures (ROPS) and seatbelts can prevent the vast majority of rollover deaths, yet many older tractors lack these safety features. Under product liability law, manufacturers who sold tractors without ROPS or who failed to retrofit older models may be held liable for rollover injuries and deaths.
Power Take-Off (PTO) entanglement is another devastating farm hazard. PTOs rotate at 540 or 1,000 RPM and can catch loose clothing, hair or limbs in a fraction of a second. PTO shields are required safety equipment, but they are frequently removed, damaged or missing. When a PTO injury occurs because a shield was defective, missing or improperly designed, the equipment manufacturer or the party responsible for maintenance may be liable.
Our attorneys have experience investigating these complex farm equipment cases. We work with agricultural safety experts, mechanical engineers, and accident reconstruction specialists to determine the cause of the accident and identify all responsible parties. We also consult OSHA regulations, ANSI safety standards, and manufacturer specifications to establish that safety requirements were not met.
Farm workers are regularly exposed to pesticides, herbicides, fertilizers, anhydrous ammonia, and other agricultural chemicals that can cause serious health problems including respiratory damage, chemical burns, neurological disorders, cancer and reproductive harm. Manufacturers of agricultural chemicals have a duty to provide adequate warnings and instructions for safe use.
When chemical exposure injuries occur due to inadequate warnings, defective application equipment, or improper handling by employers or co-workers, injured workers may have claims against the chemical manufacturer, the equipment manufacturer or the employer. Our attorneys investigate chemical exposure cases thoroughly, working with toxicologists and occupational health experts to establish causation and liability.
Mark, a third-generation farmer in Blue Earth County, was using his family’s older model tractor to cultivate a field on a steep grade. The tractor, lacking a modern rollover protective structure, overturned when it hit a patch of loose soil. Mark was thrown from the vehicle and sustained a severe spinal cord injury, leaving him paralyzed from the waist down.
Mark’s family was devastated and overwhelmed. They assumed that since it was their own family farm, workers’ compensation wouldn’t apply, a common situation under Minn. Stat. §176.041. They also believed that because the tractor was old, the accident was simply a tragic but unavoidable risk of farming, a terrible mistake many families make.
A Birkholz Law attorney, however, saw the situation differently. The investigation revealed that this specific tractor model had a known history of instability, a design defect the manufacturer was aware of but never recalled. The attorney bypassed the workers’ comp issue and filed a third-party product liability lawsuit against the equipment manufacturer, focusing on their negligence in designing and selling an unsafe machine.
The immediate financial aftermath of a serious farm injury is often catastrophic. The costs for air ambulance transport, emergency surgery, intensive care and initial hospitalization can easily exceed several hundred thousand dollars. For injuries involving amputation or paralysis, the initial medical bills are just the beginning of a lifetime of expenses.
Beyond the initial treatment, the long-term costs represent the true financial devastation of a farm accident. This includes future surgeries, prescription medications, in-home nursing care, accessibility modifications to the home and vehicle and specialized therapies. The injured farmer’s inability to work results in a total loss of income for the family, jeopardizing the farm’s very existence and the family’s financial future.
The physical and emotional costs are equally profound and permanent. An injured farmer deals with chronic pain, loss of independence and the inability to perform the work that defined their life. Family members become full-time caregivers, a role that creates immense stress, emotional strain and financial hardship, forever altering the family dynamic.
“I can’t sue for damages because the accident happened on my own family’s farm.” The reality is that while Minnesota law (Minn. Stat. §176.041) exempts many family farms from mandatory workers’ compensation coverage, this does not prevent you from filing a claim against a negligent third party. If a defective piece of equipment, a negligent driver on a public road or a chemical supplier’s error caused your injury, you have the right to seek compensation from that party.
“The accident was partially my fault, so I can’t recover any money.” Minnesota follows a modified comparative fault rule, as defined in Minn. Stat. §604.01. This means you can still recover damages as long as your percentage of fault is not greater than the fault of the other party. The amount you recover will be reduced by your percentage of fault, but it does not eliminate your claim entirely.
“It was old farm equipment, so accidents are just an expected risk.” A manufacturer’s duty to create a safe product does not expire. If a piece of equipment, regardless of its age, had a design or manufacturing defect that made it unreasonably dangerous and caused your injury, the manufacturer can be held liable. This is a key strategy in many successful farm accident cases.
“I have to accept the first settlement offer from the insurance company.” Insurance companies are for-profit businesses whose goal is to pay out as little as possible on claims. Their first offer is almost always a lowball figure that does not account for the full long-term costs of your injury. You have the right to reject this offer and have an attorney negotiate for a settlement that covers all your past, present and future damages.
First and foremost, you have the right to seek full and fair compensation for all damages resulting from your injury. This includes not only your medical bills and lost income but also non-economic damages like pain, suffering, emotional distress and loss of quality of life. In Minnesota, the statute of limitations for most personal injury claims is six years from the date of the injury, as outlined in Minn. Stat. §541.05, but it is critical to act much sooner.
You have the right to hold negligent third parties accountable. This is a crucial right for injured farmers. If your injury was caused by defective machinery, a negligent driver, or a faulty grain bin design, you can file a civil lawsuit against the responsible manufacturer, driver or company. This right exists completely separate from any potential workers’ compensation claim.
You have the right to be protected from insurance companies that act in bad faith. Your insurance provider and the at-fault party’s provider have a legal duty to handle your claim fairly and promptly. If they unreasonably deny, delay or underpay your claim, you may have an additional legal case against the insurer for acting in bad faith.
You have the right to legal representation. Handling a complex farm accident claim is nearly impossible without an experienced attorney. A lawyer protects your rights, investigates all potential sources of liability and ensures you do not settle for less than your case is worth. This is your most important right in securing the future for you and your family.
Our approach begins with an immediate and exhaustive investigation into the accident. We dispatch investigators and accident reconstruction experts to the scene to preserve critical evidence, document conditions and photograph the equipment or area involved. We issue spoliation letters to ensure that all evidence, especially the machinery involved, is preserved in its post-accident state for expert analysis.
We identify all potential defendants, which often goes beyond the obvious. While a farmer might think their claim is only against a driver who hit them, we investigate the equipment manufacturer, the maintenance company, the landowner and any other party whose negligence may have contributed to the incident. This strategy of identifying all liable parties is essential to maximizing a client’s financial recovery.
We retain nationally recognized experts in agricultural engineering, farm safety and equipment design to prove liability. These experts analyze the failed machine, identify defects and provide authoritative testimony that establishes the manufacturer’s negligence. We also work with top medical and economic experts to create a comprehensive life care plan, which precisely calculates the full, lifetime cost of the injury to present to the jury.
We prepare every case as if it is going to trial. While many cases settle, we build such a strong and well-documented case that insurance companies and corporate defendants know they face a significant risk in a courtroom. This aggressive trial-ready posture forces them to the negotiating table with fair and substantial settlement offers that reflect the true value of our client’s claim.
If your employer carries workers’ compensation insurance, your exclusive remedy against the employer is generally through the workers’ comp system. However, you may have a separate personal injury claim against third parties such as equipment manufacturers, chemical companies, or contractors whose negligence contributed to your injury.
Manufacturers can be held liable for defective products regardless of the product’s age. If the manufacturer failed to include adequate safety features, failed to provide retrofit programs or failed to warn of known hazards, they may be liable even for injuries involving older equipment. Modifications by third parties may also create liability for the party who performed the modification.
Farm accident cases often involve multiple potentially liable parties, complex product liability issues, workers’ compensation interplay, and unique agricultural hazards that require specialized expert testimony. These cases benefit from attorneys who understand both the legal complexities and the agricultural context.
The general statute of limitations for personal injury claims in Minnesota is six years (Minn. Stat. § 541.05). For product liability claims, the statute runs from the date of injury. Workers’ compensation claims must generally be filed within three years. Contact an attorney promptly to ensure your rights are preserved.
A workers’ compensation claim is filed with your employer’s insurer and provides benefits regardless of fault, but it is often not available for family farm members under Minn. Stat. §176.041. A third-party claim is a lawsuit filed against a separate negligent person or company, like an equipment manufacturer, and allows you to recover a wider range of damages including pain and suffering.
The statute of limitations for personal injury cases in Minnesota is generally six years from the date of the accident according to Minn. Stat. §541.05. However, for claims against specific entities or for certain types of claims like wrongful death, the deadline can be much shorter. It is critical to contact an attorney immediately to protect your rights.
It depends on the specific circumstances. While property owners have fewer duties to protect trespassers, they cannot willfully or wantonly injure them. If a landowner was aware of a hidden, dangerous condition and knew trespassers frequented the area, they may still have some liability. These are complex cases that require careful legal analysis.
Yes, potentially. The manufacturer will argue that the modification, not their original design, caused the injury. However, our attorneys work with engineers to determine if the original design was defective and if the modification was a foreseeable use or alteration of the product. If so, the manufacturer can still be held liable.
You may have a product liability claim against the chemical manufacturer if they failed to provide adequate warnings about the risks or if the chemical was defectively designed. You may also have a claim against an employer or crop-spraying company if they failed to provide proper protective equipment or training.
We handle all farm accident cases on a contingency fee basis. This means you pay no upfront costs or hourly fees. We only get paid if we successfully recover financial compensation for you, and our fee is a percentage of the total recovery. If we do not win your case, you owe us nothing.
Farm injuries are complex and often involve multiple responsible
parties. Contact Birkholz Law today to learn about all the
compensation options available to you.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
Albert Lea · Austin · Blue Earth · Faribault · Fairmont · Jackson · Lake Crystal · Luverne · Mankato · Marshall · New Ulm · North Mankato · Northfield · Owatonna · Pipestone · Redwood Falls · St. James · St. Peter · Waseca · Windom · Worthington
Copyright 2026 Birkholz & Associates | Privacy Policy | Minneapolis Web Design
