Agriculture History Show Liability

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller concerned about whether they could sue if a family member gets hurt while attending an antique tractor show.

Agritourism makes up a big sector of the Indiana economy. Encompassing things like farmers markets, antique tractor shows, U-Picks, farm tours, breweries, and wineries, agritourism offers just about something for everyone.

But what if while you’re out perusing an antique tractor show, you are seriously injured when the boiler on an old steam-powered tractor explodes? Can you sue someone for your injuries?

The answer, as we often say, depends. In 2011, the Indiana legislature passed a law giving limited liability protection to agritourism operators in Indiana.

Generally speaking, Agritourism operations are not liable for injuries and deaths that result from an inherent risk of agritourism activities. However, there are important exceptions that we’ll discuss.

First, let’s examine what qualifies as an agritourism activity. Then, we’ll take a look at the definition of an ‘’inherent risk of agritourism activity.’’

The law defines an agritourism activity as any agricultural, horticultural, agribusiness operation, where the general public is allowed, or invited to participate, view, or enjoy the activities for recreation, entertainment, or educational purposes, including things like farming, ranching, historic and cultural agricultural activities, self-pick farms, and farmers markets. It also includes activities involving an animal exhibit at agricultural fair and natural resources-based activities, including hunting, fishing, hiking, trail, riding, camping, canoeing, kayaking, or tubing on a river. It also includes winter sports activities.

The law defines ‘’inherent risks of agritourism activity’’ as ‘’conditions, dangerous, or hazards that are an integral part of an agritourism activity, including the following: (1) surface & subsurface conditions and natural conditions of land, vegetation, and waters. (2) the behavior of wild or domestic animals. (3) the ordinary dangers of structures or equipment when the structures or equipment are being: (A) used or (B) stored by an agritourism provider in a manner and for a purpose for which a reasonable person should know the structures or equipment is intended. (4) the negligent acts of a participant that may contribute to injury to the participant or others, including failing to follow instructions given by an agritourism provider, failing to exercise reasonable caution while engaging in the agritourism activity, or failing to obey written warnings or postings on the premises of the agritourism operation.’’

In our example of an injury that occurs at an antique tractor show, involving an exploding boiler on an antique steam-powered tractor, the explosion could be said to be an ordinary risk of using a steam-powered engine. By design, boilers are always under extreme pressure, so there’s always a risk of explosion when very high pressure is involved. Typically, this statute would act to protect the antique tractor show operators from liability for this injury, however, there are some important exceptions and we’re going to take a look at those now.

In order for agritourism operators to enjoy the benefits of this limited liability carve out in the law, the operator has to comply with very specific rules on signs that must be posted and warning notices that must be given to participants. Under the law, operators must either post a sign, including exact verbiage, set forth in the statute that states, “WARNING. Under Indiana law, an agritourism provider is not liable for an injury to, or the death of, a participant in agritourism activities at this location, if the death or injury results from the inherent risk of agritourism activity. Inherent risks of agritourism activities include the risk of injury inherent to land, equipment, and animals as well as the potential for you to act in a negligent manner that may contribute to your injury or death, or for other participants to act in a manner that may cause you injury or cause your death. You are assuming the risk of participating in this agri-tourism activity.’’

This particular notice language must be either posted on a sign in a clearly visible location at the main entrance of the agri-tourism activity area or included in a signed contract or release with the participant.

In our example, if the operator has not complied with the legal signage requirements or hasn’t put this notice language in a signed release or contract with the participant, the injured participant could sue that operator.

Some other exceptions to the limited liability statutory carve out for the agri-tourism industry, include if the operator has actual knowledge or reasonably should have known about a dangerous condition on the land, facilities, or equipment used in the agricultural activity, or has actual knowledge or reasonably should have known about the dangerous propensity of a particular animal used in the activity and does not make the danger known to the participant and that danger causes the participant’s injury or death, then the operator can be held liable.

If the agritourism operator fails to properly train or inadequately trains its employees, and an employee’s actions or inactions cause the participant’s injury or death, then the operator can be held liable.

If the agritourism operator’s actions or inactions constitute willful, or wanton disregard for the safety of a participant and it cause the participant’s injury or death, then the operator can be held liable.

Lastly, if the agritourism operator intentionally injures a participant, then the operator can be held liable.

So back to our example, if the operator of the particular steam-powered tractor, had actual knowledge or reasonably should’ve known that the boiler was in a dangerous condition, rather than its normal operating condition, but put it in the antique tractor show anyway and didn’t warn any of the participants about the dangerous present-state condition of the tractor, then the operator could potentially be held liable for the participant’s injury.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”