New Jersey Senate Bill S1933

New Jersey 2022-2023 Regular Session

• Introduced: 3/3/22
• Refer: 3/3/22

Caption

Provides limited civil liability immunity to farmers hosting agritourism activities.

Impact

If enacted, SB S1933 would remove the legal obligation for agritourism hosts to protect participants from the natural risks associated with these activities. The bill specifies that hosts will not be liable for any injuries or deaths arising from the inherent risks of agritourism, provided they offer appropriate warnings about these risks. Failure to issue proper warnings could negate the liability protections offered to hosts. By establishing this framework, the bill seeks to promote agritourism as a valuable part of New Jersey's agricultural landscape, benefiting both farmers and local economies.

Summary

Senate Bill S1933 aims to provide limited civil liability immunity to farmers involved in agritourism activities, which are defined as interactive or passive activities conducted on farms related to agriculture, food production, and nature. The bill delineates various agritourism activities, including farming tasks, educational tours, and nature watching but explicitly excludes operations like roadside farm stands and those solely dedicated to retail sales. This initiative is intended to encourage farmers to host agritourism events without the fear of being liable for inherent risks associated with those activities.

Contention

Notably, SB S1933 repeals a prior law (P.L.1997, c.378) concerning farmer liability for 'pick-your-own' operations, expanding the scope of liability protections to encompass all agritourism activities. This change may support farmers by reducing potential lawsuits; however, it could also raise concerns among consumer protection advocates and those wary of reduced accountability for safety on farms. Critics might argue that easing liability could result in negligence and put participants at risk if hosts do not adequately manage their agritourism operations.