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09/28/2021 04:45 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=28578
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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: March 1, 2019 10:05 AM
From: Representative Barbara Gleim
To: All House members
Subject: Providing Agritourism Business with Limited Liability Protection
 
In the near future, I will be introducing legislation aimed at promoting agritourism business in Pennsylvania and providing these businesses with limited liability protection.

Agritourism, such as pick-your-own businesses and corn mazes, is growing in popularity as farmers look to create a secondary source of income. However, under current law, these farmers face enormous liability risks when they open their land to the public for a fee. Because these activities take place on a farm, there are risks present that a farmer cannot take away, like uneven ground, or unpredictable animals and weather.

Specifically, my legislation would protect agritourism business from lawsuits where no party is at fault for injuries or damages. The legislation would require that farmers post multiple signs warning visitors of the risks, or ask visitors to sign a waiver of liability before participating in activities. While the legislation provides some immunity from litigation, the right to sue is preserved if an owner acts in a grossly negligent manner or operates with no regard for public safety.

This proposed legislation is modeled after Acts passed in 20 other states, including our neighbors in New York and Ohio. As our family farms look to diversify, we need to update laws to help with the promotion and protection of these unique agriculture businesses. Before I became a Representative, my family hosted the public on our farm throughout the fall with Halloween-themed events and attractions. I know first-hand the work that farmers put into protecting the public, while creating family-friendly events and activities.

Please join me in co-sponsoring this important piece of legislation.



Introduced as HB1348