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

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  • Terence Centner

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    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

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    File URL: http://hdl.handle.net/10.1007/s10460-009-9220-y
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    Bibliographic Info

    Article provided by Springer in its journal Agriculture and Human Values.

    Volume (Year): 27 (2010)
    Issue (Month): 2 (June)
    Pages: 189-198

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    Handle: RePEc:spr:agrhuv:v:27:y:2010:i:2:p:189-198

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    Web page: http://www.springer.com/economics/journal/10460

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    Keywords: Agritourism; Inherent-risk accidents; Legal liability; Personal injuries; Public policy; Releases of negligence;

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    1. Hylton Keith N, 2008. "A Positive Theory of Strict Liability," Review of Law & Economics, De Gruyter, vol. 4(1), pages 153-181, June.
    2. Deborah Che & Ann Veeck & Gregory Veeck, 2005. "Sustaining production and strengthening the agritourism product: Linkages among Michigan agritourism destinations," Agriculture and Human Values, Springer, vol. 22(2), pages 225-234, 06.
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