Agritourism events are very popular, especially when livestock are involved. It’s a great way to expose the public to agriculture and gain support for local farmers. Farmers are aware that animals can be unpredictable, but a lot of visitors do not understand the risks associated with livestock. Visitors are not required to do their own safety research before entering your property, but there are steps you can take to minimize the risk of injury and to protect yourself from liability.

The National Ag Law Center recently hosted a webinar to encourage agritourism operations to prioritize limiting their liability exposure. Rusty Rumley, senior staff attorney at the National Ag Law Center, described liability as “your duty as a landowner.”

Not all incidents are treated the same – repercussions can depend on both the degree of the injury and who was injured.

When it comes to trespassers, adults are usually responsible for their own injuries, unless they are purposely injured. However, child trespassers are given more leeway. Rumley explained that most states have an “attractive nuisance doctrine” stating if a child is intrigued about something on your property and they can’t comprehend the danger, you are liable if they get hurt. The best thing you can do is keep any dangerous items out of reach, such as locking chemicals in a shed, fencing off land hazards and removing the keys from parked farm equipment.

A licensee is anyone who was given permission to be on the property but is not contributing to the operation, such as a friend or family member. As long as the property owner warns the licensee of the danger, the owner is not liable for any injury.

Anyone else allowed on the property for an event is an invitee, which is the hardest liability risk to manage. The owner must work to make the property as safe as possible, but as Rumley added, “It’s really tough to make the great outdoors safe.”

Individual states may have additional statutes to provide more protection to the owner. Forty states have an agritourism statute, and 48 have a specific equine activity statute. Most of these statutes provide extra protection if a warning was properly posted about a hazard.

There are exceptions to this rule, especially negligence. The statute may have requirements for warning signs, such as the color of the ink used, the size of the text or where it is displayed.

Dr. Tim Potter, an equine and animal scientist and owner of Potter Consulting LLC, has worked on many equine risk assessment cases. Potter believes “a large percentage of the cases … would not have resulted in litigation if some risk assessment had been done on the front end.”

During a risk assessment, a consultant will usually analyze the facilities, management protocols, training guidelines, documentation and the behavior of the animals. Potter explained that a common problem is how farmers “typically don’t do a great job with documentation.”

Potter discussed real case studies involving horse riders and explained how a farm’s liability can change with a rider’s experience level. Beginner riders need to be given more instruction to ensure their safety.

He stressed the importance of properly matching the horse to the rider based on size and temperament and documenting how the match was made. Instructions for the rider should be specific to the horse’s tendencies, and beginner riders should be given ample time to ride the horse in an enclosed area before hitting any trails.

Riding injuries are not always caused by lack of instruction or proper matching. Potter has seen hazards present themselves in a lot of different scenarios. Riders can be injured from faulty tack and equipment being used, being kicked by a horse nearby, leaning on a falling fence and even through intentional acts done by the instructor.

Hazards can be present in many agritourism venues, including petting zoos, show facilities, farm operations and hayrides. Although agriculture is a dangerous profession, there are strategies you can follow to reduce injury and liability.

Rumley recommended observing similar operations to see how they minimize risks, prioritizing and improving employee training, restricting access to dangerous areas of your property and speaking to your insurance agency. Always stay alert for potential hazards – there are most likely risks on your property you are not aware of.

For a safety consultation with Potter, or to learn more about Potter Consulting, visit farmranchequine.com.

by Kelsi Devolve