Provides limited civil liability immunity to farmers hosting agritourism activities.
If enacted, this bill would significantly modify existing laws regarding agritourism by establishing that hosts are not liable for injuries or deaths resulting from inherent risks associated with these activities. Inherent risks include animal behavior, weather conditions, and land conditions. However, operators must provide proper warnings to participants to maintain liability protection. Violations in warning procedures can lead to forfeiting this immunity, which aims to ensure safety and awareness for participants engaging in agritourism.
Bill S76 is a legislative proposal aimed at providing limited civil liability immunity to farmers who host agritourism activities. Agritourism includes various interactive or passive activities on farms, linked to agriculture, food production, historic traditions, and nature watching. These activities can encompass farming tasks, cultural attractions, pick-your-own produce, and animal exhibitions, while explicitly excluding roadside farm stands or retail operations. The bill aims to encourage farmers to engage in agritourism by alleviating the fears of potential legal liability that may arise from hosting such activities.
There are notable points of contention surrounding this bill, primarily regarding the balance between protecting farmers and ensuring participant safety. Critics may argue that the bill could encourage negligence among agritourism hosts, as it limits liability even in cases of gross negligence or known hazards, unless specifically claimed otherwise. The section repealing previous legislation on farmer immunity further complicates the legal landscape, raising concerns about whether sufficient protections for participants are maintained. The necessity for visible warning notices may also generate debate about the responsibilities placed on agritourism hosts versus the rights and expectations of participants.