Limited liability for agritourism proposed

Owners of agritourism businesses would see decreased legal liability under a bill heard by the Natural Resources Committee March 5.

Under LB329, introduced by Ogallala Sen. Ken Schilz, any owner who allows visitors on their land to participate in agritourism activities would not be liable for injury or death of a visitor resulting from inherent risk. Visitors must be warned of potential dangers by a sign or in a contract by any owner that charges a fee for visitors to participate.

Schilz said that the threat of a potential lawsuit discourages many landowners from opening their properties to tourists.

“[This bill] encourages landowners to grant access to their farm and ranch land for recreation and tourism activities by reducing the risk of liability,” he said. “Encouraging agritourism is a great way for those landowners to add value to their land.”

The bill defines inherent risk as any condition, danger or hazard that is an integral part of land or water used for agritourism, including:
• surface and subsurface conditions and natural conditions of land, vegetation and waters;
• the behavior of wild or domestic animals;
• the ordinary dangers of structures or equipment used in farming or ranching operations; and
• the potential of a participant to act in a negligent way that may contribute to injury of the participant or others.

Liability would not be limited for any owner who knows of potential dangers or improperly trained staff members and takes no action to correct those issues. Owners also would be liable for any actions that constitute intentional or willful gross negligence.

Sarah Sortum, who co-owns Calamus Outfitters near Burwell, spoke in favor of the bill. She said that agritourism is the reason she and her brother returned to Nebraska to raise their families.

“[Agritourism] is a wonderful tool that is underutilized right now and is a great way to encourage rural economic development. In a small community, one or two families makes a big difference,” she said. “Our main problem has been liability and insurance; we’re still spending nearly 10 percent of our revenue on insurance.”

John Lindsay, representing the Nebraska Association of Trial Attorneys, opposed the bill, saying that liability provides accountability.

“Unless there’s carelessness on the part of the person being sued, there isn’t going to be liability. The good operators are not the problem,” he said. “If this bill passes, the owners who aren’t responsible have no incentive to be proactive and would be better off if they weren’t.”

The committee took no immediate action on the bill.