Farmers eye lawsuit protections
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As agritourism -- a farm operation that hosts events or activities designed to specifically attract consumers to the farm -- continues to grow in Pennsylvania, farmers are hoping for some more protection from lawsuits.
Pennsylvania Farm Bureau has thrown its support behind House Bill 1348 sponsored by state Rep. Barb Gleim, R-Cumberland.
The bill seeks to give farmers commonsense protections from lawsuits that arise from those circumstances beyond their control. The bill would limit the ability to sue agritourism operations over injuries or damages for which no party is at fault, said Liam Migdail, Farm Bureau spokesman.
Civil liability reform for agritourism has been an issue for years, Migdail said.
"There's a constant threat of potentially being sued over injuries that result from the inherent risks of being on a farm -- uneven ground in a farm field, for example. The bill would give farms a certain degree of protection from frivolous lawsuits over factors beyond their control," Migdail said.
The threat of legal liability surrounding agritourism has been a barrier that can deter farmers from inviting the public onto their farms.
"The threat of potential lawsuits presents major challenges for farmers who are engaged in agritourism, such as having to curtail some activities and having to pay high insurance rates. While farmers do everything in their power to make the safety of their guests a top priority, it is impossible to eliminate every potential hazard on a farm," Migdail said.
Richard Weakland, an employee of Doug Weakland Corn Maze near Portage, agrees.
"We need something. We can't be negligent but there are some things you can't overcome like groundhog holes or stones. What we do, because of liability, there are people who won't do it because they are afraid. At the end of the season, we say 'whew we skipped a lawsuit again.' Anybody who does what we do is in the same situation. I am hopeful it will pass, we went into this 17 years ago and not anything major has happened, it is not if, but when," Weakland said.
Molly Smithmyer, operator of Smithmyer's Sunflower Maze near Patton, would like to see more protection for farmers.
"From our standpoint as a small farm, we need agritourism to stay alive. This is our third year -- knock on wood, we haven't had any problems (with liability), but when you have people coming onto your farm, that is in the back of your head," Smithmyer said.
Gleim said, if enacted, the legislation will allow farms to have visitors sign that an individual is entering the farm at their own risk and they need to take personal responsibility for making themselves aware of the potential hazards inherent on a farm. It gives the farmer extra protection from frivolous lawsuits when he opens his operation up to the public who are not familiar with the vocation.
The bill is modeled after similar laws enacted in other states.
"More than 20 other states already offer similar protections, including our neighbors, New York and Ohio. We believe a similar law in Pennsylvania would remove a major barrier to farmers tapping into growing public interest in farms and keeping their operations viable for generations to come," Migdail said.
The bill would not give farms a free pass from ensuring guest safety.
"Farmers would still be held accountable in more extreme cases of carelessness or lack of concern in failing to fix or warn patrons of obvious and dangerous safety risks. But it would offer commonsense protections to farmers who are making their best efforts to keep visitors safe," Migdail said.
The bill has already cleared the House Agriculture and Rural Affairs Committee and the Farm Bureau is pushing for it to be taken up by the full chamber this month, Migdail said.
The bill may be facing some hurdles, said state Rep. Jim Gregory, R-Blair.
"As legislators, we work extremely hard to get a bill across the finish line. Rep. Barb Gleim has taken this bill to the edge of the finish line and is being stymied by a game of horse trading. There are stakeholders who want something in return for this bill's support, and farmers across the state are paying the price for this. We need to realize how desperate farms are now for this and actually get it done," Gregory said.
However, Gleim remains optimistic her bill will become law.
"It is the number one ask of the Pennsylvania Farm Bureau, especially now that COVID-19 has hit. Farmers need all of the help they can get, or else we will lose these valuable small businesses across the state,"Gleim said.
Similar legislation, sponsored by Sen. Ryan Aument, R-Lancaster, is being considered in the Senate.
"There are two bills in the legislature to address this issue. It would be a huge help to our farmers if we could get one of these bills to the finish line," said state Sen. Judy Ward, R-Blair.
Mirror Staff Writer Walt Frank is at 946-7467.