liability for agri-tourism farms (formerly kBD party thread)

[LynnG]

I am still researching the idea. I'm taking it as an agri-tourism viewpoint. My farm is officially designated as a "agricultual farm" by the NC Dept of Agricuture already. Looking at hosting "special events" with an agriculture basis vs kids birthday parties per say. "Ag basis" as to develop along the educational lines of horses, their care, training, handling, etc. with demos, etc. Basicly, similar to activities I do at my farm open house.

My farm has a circa 1820 history base...the main old part of the house ownership traces back to that time in couthouse records...so what I have is a pre-civil war farmstead, complete with old huge trees. Due to the history and rural peaceful setting, would be conducive to a relaxing "special events" retreat in the country, but still just 30 minutes of the capital city of NC, and 3 major universities, and numerous suburbanite town communities, so LOCATION and setting is very good to attract city "tourists" who don't want to fight the crowds at the state and county parks.

I can have planned activities, demos, to choose from.... and/or incorporate activity/event with riding lesson(s).

North Carolina implemented a limit liability law stating January 1, 2006 for agri-toursim farms, similar to the equine liability law we now have.........

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005.........SESSION LAW 2005-236..........HOUSE BILL 329
AN ACT to limit liability arising from certain agritourism activities.

The General Assembly of North Carolina enacts:

SECTION 1. Chapter 99E of the General Statutes is amended by adding a new Article to read:

"Article 4.

"Agritourism Activity Liability.

"§ 99E‑30. Definitions.

As used in this Article, the following terms mean:

(1) Agritourism activity. – Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest‑your‑own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity.

(2) Agritourism professional. – Any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation.

(3) Inherent risks of agritourism activity. – Those dangers or conditions that are an integral part of an agritourism activity including certain hazards, including surface and subsurface conditions, natural conditions of land, vegetation, and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.

(4) Participant. – Any person, other than the agritourism professional, who engages in an agritourism activity.

(5) Person. – An individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.

"§ 99E‑31. Liability.

(a) Except as provided in subsection (b) of this section, an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities, so long as the warning contained in G.S. 99E-32 is posted as required and, except as provided in subsection (b) of this section, no participant or participant's representative can maintain an action against or recover from an agritourism professional for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities. In any action for damages against an agritourism professional for agritourism activity, the agritourism professional must plead the affirmative defense of assumption of the risk of agritourism activity by the participant.

(b) Nothing in subsection (a) of this section prevents or limits the liability of an agritourism professional if the agritourism professional does any one or more of the following:

(1) Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant.

(2) Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant.

(c) Nothing in subsection (a) of this section prevents or limits the liability of an agritourism professional under liability provisions as set forth in Chapter 99B of the General Statutes.

(d) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.

"§ 99E‑32. Warning required.

(a) Every agritourism professional must post and maintain signs that contain the warning notice specified in subsection (b) of this section. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice must consist of a sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly readable print the warning notice specified in subsection (b) of this section.

(b) The signs and contracts described in subsection (a) of this section must contain the following notice of warning:

'WARNING

Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.'

(c) Failure to comply with the requirements concerning warning signs and notices provided in this subsection will prevent an agritourism professional from invoking the privileges of immunity provided by this Article."

SECTION 2. This act becomes effective January 1, 2006, and applies to agritourism activities, as defined in G.S. 99E‑30 as enacted in Section 1 of this act, that occur on or after that date.

So I'm still in the research phase of it with lots of ideas, develop more concrete plans, complete some more sprucing up here, and get 1-2 picnic tables and seating!

Any suggestions, please pass them on in way of farm and heritage type activities, etc........
thanks........Lynn

[reuben T]

would take a little work, but could plant a plot of grape tomatoes for people to snack on.

[Mellifluous]

I love grape tomatoes! My friend's mom used to have some planted next to their driveway. I would go over to visit and never make it into the house because of those yummy grape tomatoes. Of course, I was the kid who used to get in trouble for sitting in the garden and eating broccoli straight off the plants. Mom never could get enough to cook for supper because of me.

Boy have my eating habits gone downhill!

[LynnG]

I do have an old grape vine set-up of scuppernong grapes...the kind with the thick outside...tasty...horses like them..of course that is seasonal. I do plan on having a garden of blueberry bushes.

[motorgypsy]

Sounds really interesting. Keep us posted.

Caananland Farm in Kentucky is a farm/bed and breakfast with llamas and things. You might check them out. Emereld Farms in Greenwood SC has goats and makes cheese, soap, etc. and does tours. They have a website also.

Blueberries do well in the Piedmont and mountains. There are "no thorn" blackberries. A milk goat or two would be fun also.

When we lived in Tampa there was a place like Old MacDonald's Farm where they had schools bring busloads of kids. They had a pen with bench inside for the rabbits that were tame and you could pet them. They had the same for ducks and also chickens with different varieties. They did a tour of the barn - this is a horse with a little speech on horses, then this is a cow and the same thing, donkey, llama, etc. The kids had an area to play and also there were picnic tables (with sinks and restrooms) for them to eat their bag lunches. I think they charged a fee per kid and parents were free. After the ecoli scare in Florida, lots of schools cancelled tours and several businesses went out of business since the insurance went so high and lots of them were operating under the radar without proper liability insurance. Same for petting zoos which took a hit at the fairs in Florida.

Just make sure you cover your butt with your insurance agent - in writing. And I would take pictures of all the signs in place before you allow anyone to visit. Wonder if Florida has any kind of agribusiness law like your state.

Marelyn (posting on alex's account)

[Abejita]

being your farm has such a long history, you could research what the main crops in your area were over different time periods and maybe work on an educational program that could be given for field trips during school months..

[LynnG]

Tobacco was formerly grown here as one crop I know as the farm had a government tobacco allotment. I would imagine corn for feeding livestock and possibly soybeans is common in this area.

You can join the NC Agritourism Association for $25, and you get 2 Agri-tourism Liability signs to post on your farm included. They have lots of help for new people signing on and there is also networking. It brings awareness to agri-tourism and farming in the state with the signs also.

[stella]

Actually, tomatoes do absolutely FABULOUS if you use horse manure as the soil fertilizer, they like it a bit acid......I've grown a tomato bush near a horse paddock almost EVERY year, with little other care, except to check and EAT! I had a German Queen bush get about 6' high and as wide the other year!

[LynnG]

I do grow tomatoes and can them for tomato sauce myself and have donated a few quarts for our community fundraisers "baked goodies" sale. The cherry tomatoes sprout up volunteer, but last year I couldn't give them away. That variety was a bit tart. My garden is mulched well with composted horse manure which also the weeds like and go crazy. I plant my tomato rows where I can drive the lawn tractor in between them to keep the garden mowed. I tie the tomato plants up in a long row...rather like you would do beans. The canned tomato sauce I make on add spices, green peppers and also onions. later when using just add ground hamburger or chuck and tomato paste. I admitted last year for all the time and effort if took, that was some expensive sauce! I stockpiled tomatoes in the frig and did the whole process in one day 16 quarts pressure canned. Any rest I just cooked and froze in ready to eat meal dishes. Fesh garden tomatoes are so good!!! store bought tomatoes don't compare! must be the secret in the mulch!!! ;-)