By NANCY VORIS
Indiana Correspondent INDIANAPOLIS, Ind. — Sarah Brown saw red flags when she spotted the snapping turtle in a trash can on her property, apparently snatched from her pond and placed in the can by a visitor. There were no reports of injuries, but Brown knew she could have been held responsible.
Brown owns The Apple Works, an orchard that has expanded to include a country store, greenhouse, learning center, nature trail, farm animal display and children’s area including The Apple Express, HayMound Playground, Straw Mountain and Bamboo Maze. The Apple Works is a popular destination for field trips for all ages.
But the threat of costly medical bills or lawsuits resulting from the carelessness of visitors or the normal hazards of nature and agriculture have been intimidating for agritourism entrepreneurs.
They can breathe a little easier, thanks to Indiana House Bill 1133, which limits the liability of agritourism providers. The bill was signed into law March 17 by Gov. Mitch Daniels and will take effect July 1.
The bill states that agritourism entities cannot be held liable for injury or death of participants in agricultural activities. To comply with the new law, agritourism businesses would have to post notices at the entry point of their premises notifying guests that the business will not be liable for injury or death.
A warning notice is also to be included in any contracts signed by the participant.
“This is a wonderful thing,” Brown said. “I just hope the signage that is required will make people think.”
Farms, orchards and agriculture-related attractions are educational and helpful to the economy, said Lt. Gov. Becky Skillman, who oversees the Indiana State Department of Agriculture and the Office of Tourism Development.
“Our small business owners take risks every day, but we should not leave them open to the risk of frivolous lawsuits associated with agritourism,” she said.
Indiana Farm Bureau, Inc. (IFB) generated the legislation. “The primary motivation was the fear that many landowners had over liability, which prevented them from opening up their property for agritourism,” said Justin Schneider of the IFB legal staff, and a lobbyist of the legislation.
“Insurance can be expensive, the risk of losing a farm is real and the financial return is often small.”
Schneider said the legislation is about participants in an activity assuming the risk of what they are doing.
“Who should be responsible for a hunter falling out of a tree stand or someone tripping over a vine while picking pumpkins? This law makes it clear that it isn’t the landowner unless they have done something to cause the injury as laid out in the statute,” Schneider said.
State Rep. Randy Frye (R-Greensburg) authored the legislation in the Indiana House, where it passed 94-0. Sens. Brent Steele (R-Bedford) and Jean Leising (R-Oldenburg) sponsored it in the Senate, where it passed 48-0.
“The agritourism industry provides a firsthand opportunity for Hoosiers to explore farming communities and partake in the agricultural experience,” Frye said. “Farmers’ markets, festivals, winery tours, Christmas tree farms, pumpkin patches, dairy farms and orchards are among popular Indiana agri-tourist destinations providing visitors with wagon rides, interaction with animals and fruit picking, to name a few activities.
“The posting of signs coupled with warning notices included in contracts signed by participants ensures they are aware of the potential dangers that come with the before-mentioned activities.”
Frye also mentioned that in a time of unemployment or reduced employment for Hoosier farm families, agritourism opens up opportunities to generate income. The new bill will make those opportunities more inviting.
To view HB1133 and required wording of the warning sign, visit online www.in.gov/legislative/bills/2011/HE/HE1133.1.html |
