If you are opening an agritourism location, “it’s going to be important for you, before ever letting people set foot on the premises, to be thinking about what steps can you take to reduce your liability exposure.” — Rusty Rumley
By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
Fast facts:
- NALC webinar focused on equine and agritourism statutes
- Webinar offered examples of scenarios to explore risk assessment
- Recording available to view online
FAYETTEVILLE, Ark. — The concept of limiting liability may not sound exciting, but it is crucial for owners of equine, livestock and agritourism businesses to consider to avoid potential litigation.
Rusty Rumley, senior staff attorney at the National Agricultural Law Center, or NALC, said a lot of people don’t realize how dangerous it can be working around livestock or just being around a farm.
“I think for those involved in agriculture on a day-to-day basis, they realize the risks that are associated with these occupations,” he said. “But for people without that background that are coming in that have never been on a horse before, or people that are coming into a petting zoo or a pumpkin patch, they may not automatically have the same mindset.”
Rumley presented the Oct. 16 NALC webinar, “Equine Activity and Agritourism Statutes: Strategies for Risk Management,” alongside Tim Potter, equine and animal scientist with a Ph.D. from Texas A&M University, and owner of Potter Consulting, LLC. The two explored the potential risks for business owners and how to reduce their likelihood.
A recording of the webinar is available online.
If you are opening an agritourism location, “it’s going to be important for you, before ever letting people set foot on the premises, to be thinking about what steps can you take to reduce your liability exposure,” Rumley said.
Regarding legal statutes, Rumley noted that there is a remarkable amount of similarity when it comes to equine activity and agritourism. About 48 states have some kind of equine activity statute, and about 40 states have some type of agritourism statute.
“So, these things are pretty prevalent out there,” Rumley said. “But there are important nuances that you really need to consider before you go out there and just try to rely on it.”
Rumley and Potter noted several common examples of liability for agritourism operators, including bacteria that comes from petting farm animals, tripping hazards, and falling off horses.
Potter analyzed various scenarios where there is risk liability in equine settings, discussing his consulting experience as an expert on over 150 equine cases.
“Of those cases, a large percentage of the cases, more likely than not, would not have resulted in litigation had some kind of risk assessment been done on the front end,” Potter said.
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