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New state liability exceptions for agritourism activities and the use of liability releases

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  • Terence Centner

Abstract

Agritourism activities have gained importance as a mechanism for some farmers to broaden their sources of income. As businesses have pursued agritourism activities, they have been concerned about liability for personal injuries of participants. In some states, providers of agritourism activities have presented legislators with ideas for an agritourism statute to limit liability for injuries resulting from inherent risks. Four new agritourism statutes have been enacted, while six other states have adopted alternative liability provisions that may apply to some agritourism providers. The agritourism statutes provide an affirmative defense to providers to eliminate liability for inherent-risk injuries. An analysis of the statutory provisions shows legislatures making choices on the assignment of liability for accident injuries and the ability of providers to obtain releases from negligence. Because the agritourism statutes impose prerequisites and do not stop meritless lawsuits, they do not offer much assistance to agritourism providers. An evaluation of policy issues suggests that legislatures might consider additional options to address agritourism providers’ concerns. Copyright Springer Science+Business Media B.V. 2010

Suggested Citation

  • Terence Centner, 2010. "New state liability exceptions for agritourism activities and the use of liability releases," Agriculture and Human Values, Springer;The Agriculture, Food, & Human Values Society (AFHVS), vol. 27(2), pages 189-198, June.
    • Handle: RePEc:spr:agrhuv:v:27:y:2010:i:2:p:189-198
    DOI: 10.1007/s10460-009-9220-y
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    References listed on IDEAS

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    1. Deborah Che & Ann Veeck & Gregory Veeck, 2005. "Sustaining production and strengthening the agritourism product: Linkages among Michigan agritourism destinations," Agriculture and Human Values, Springer;The Agriculture, Food, & Human Values Society (AFHVS), vol. 22(2), pages 225-234, June.
    2. Steven Shavell, 2003. "Economic Analysis of Accident Law," NBER Working Papers 9694, National Bureau of Economic Research, Inc.
    3. Hylton Keith N, 2008. "A Positive Theory of Strict Liability," Review of Law & Economics, De Gruyter, vol. 4(1), pages 153-181, June.
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    1. Ciervo Margerita, 2013. "Agritourism in Italy and the Local Impact Referring To Itria Valley. The Organic Firm “Raggio Verde” And Its Ecological Agritourism Project," European Countryside, Sciendo, vol. 5(4), pages 322-338, December.

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