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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20170&cosponId=25768
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: April 27, 2018 10:50 AM
From: Representative David H. Zimmerman
To: All House members
Subject: Agritourism Activities
 
In the near future, I plan to introduce a companion bill to Senate Bill 820 (the House version will reflect an amendment that will be offered to Senate Bill 820). This legislation would provide some protection from civil liability for owners and operators of agritourism activities.

Because many activities involved in the agritourism 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.

Agritourism 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.

Please join me in cosponsoring this important legislation to protect agritourism activities.