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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | January 24, 2013 02:42 PM |
|---|---|
| From: | Senator Mike Brubaker |
| To: | All Senate members |
| Subject: | Agritainment Liability Legislation |
| In the near future, I will be reintroducing legislation that will provide some protection from civil liability for owners and operators of agritainment activities. Traditional farmers are finding alternative uses for their land in a growing industry called agritainment. Agritainment activities are tourism-related, recreational or educational activities located on farms in Pennsylvania such as corn mazes, pick-your-own crop harvests, hay rides and farm vacations. Because many activities involved in the agritainment business are frequently not covered by customary farm liability policies, farmers face a number of challenges in securing adequate coverage. Under current Pennsylvania law, these entrepreneurial farmers face enormous liability risks when opening up their land to the public. Agritainment activities involve inherent risks that are impossible to eliminate. It is only reasonable that those who choose to participate in these activities should voluntarily assume part of that risk. My proposal protects owners from lawsuits where no party is at fault for the injury or damages. While the measure provides immunity from litigation in some cases, the right to sue is preserved if an owner is grossly negligent, displays willful or reckless disregard for the safety of the participant or intentionally causes injury. This proposal was Senate Bill 395 of the 2011-2012 session and co-sponsored by Senators ROBBINS , ORIE , YAW, VOGEL, RAFFERTY , GORDNER , D. WHITE , EICHELBERGER , WOZNIAK , SOLOBAY , WAUGH , EARLL , PICCOLA , M. WHITE and MENSCH. If you have any questions regarding this legislation, please contact Stephanie Buchanan at 717-787-4420 or sbuchanan@pasen.gov. |
Introduced as SB581