Limited liability for agritourism advanced

Senators advanced a bill May 7 that is intended to remove obstacles for landowners wishing to host farm tours and events.

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.

Agritourism activities can include hunting; horseback riding; camping; birding; farm, ranch and vineyard tours; harvest-your-own activities; fishing; boating and other water sports.

Schilz said a lack of clarity on landowners’ liability for accidents prevents many from going into agritourism.

“There is an increased demand for agritourism activities and we should find a way to increase access to these businesses,” he said. “Offering more access would provide more value—not only to landowners but to the local communities that would see business increase.”

A Schilz amendment, adopted 34-0, replaced a pending Natural Resources Committee amendment and became the bill. It would define 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 ordinarily used in farming or ranching when such structures or equipment are used for farming or ranching purposes; and
• the potential of a participant to act in a negligent way that may contribute to injury of the participant or others.

Sen. Kate Bolz of LIncoln expressed concern about potential dangers faced by visitors who may be unfamiliar with standard operating procedures on farms or ranches.

“Most families attending such activities would assume that it would be safe for their kids. We need to figure out how to meet that expectation and ensure that their kids would be protected to the greatest degree possible,” she said.

The amendment further clarified that inherent risk would not include any act or omission of information that occurred while a person was under the influence of alcohol or illegal drugs, or any other illegal activity or action.

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

Additionally, any owner who fails to properly train or supervise employees actively engaged in agritourism activities would be held liable under LB329.

Hyannis Sen. Al Davis supported the bill, saying that the high cost of insurance keeps many people out of the agritourism industry.

“We’re trying to make this an affordable option for folks to start a business [with LB329], but maintain the protections for the people who may be injured if a landowner did not warn or inform them of the proper procedures,” he said.

Senators advanced the bill to select file on a 33-1 vote.