KNOXVILLE, Tenn. — A Tennessee law enacted in 2009 prevents agritourism professionals from being held liable for injury or death of a participant caused by inherent farm dangers.
It does not stop people from filing a suit if injured, but it does require them to prove the injury was caused by something other than an inherent risk in the activity to recover damages from the farm.
Susan Ingraham, who direct markets beef and offers an events centre at Tap Root Farm in Franklin, Tennessee, called her state pro-farm.
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At the North American Farmers’ Direct Marketing Association conference she said farmers are required to post signs clearly advising patrons of the agritourism liability law.
“You still have to buy insurance. The sign does not keep them from suing,” Ingraham said.
Marsha Salzwedel, a youth agricultural safety specialist with the National Farm Medicine Centre, recommended making farm attractions as safe as possible by using protective coverings under play structures, posting emergency contact information and creating a first aid station.
“If posting signs and doing safety talks, then you’ve done your due diligence,” she said.
Salzwedel said operators should also keep good records of incidents on the farm.
Such liability legislation is not in place in Canada,but Quebec farm market operator Philippe Quinn of La Ferme Quinn said it could help make people more aware while visiting a farm.
“It’s a good thing but not an excuse to not be overseeing all potential dangers, and it doesn’t alleviate all liability at all,” he said.
Several U.S. states have enacted legislation in recent years to limit the liability of agritourism operators with regard to the dangers, hazards or conditions inherent to their agritourism activities.
