FAYETTEVILLE, Ark. — As the agritourism sector continues to grow, so does the importance of understanding liability risks associated with welcoming visitors to farms and equine facilities. During a recent webinar hosted by the National Agricultural Law Center (NALC), legal expert Rusty Rumley emphasized the necessity for agritourism operators to proactively address potential liabilities before opening their doors to the public.
“Before ever letting people set foot on the premises, it’s going to be important for you to think about what steps can you take to reduce your liability exposure,” Rumley stated. This advice comes as part of a broader discussion on the legal frameworks surrounding equine activities and agritourism, where both operators and visitors can face significant risks.
Rumley, alongside Tim Potter, an equine and animal scientist, shared insights on the various statutes that govern agritourism and equine activities. With approximately 48 states having some form of equine activity statute and around 40 states implementing agritourism regulations, the landscape is complex but manageable for those willing to navigate it. Rumley cautioned, however, that while these statutes offer some protection, they are not foolproof.
“There are important nuances that you really need to consider before you go out there and just try to rely on it,” he remarked, highlighting the need for comprehensive risk assessments tailored to specific operations. The potential dangers associated with agritourism are numerous and can range from common bacteria found in petting zoos to the risk of falls from horses.
Potter, drawing from his extensive consulting experience on over 150 equine cases, echoed Rumley’s sentiments. He pointed out that a significant portion of these cases could have been avoided had proper risk assessments been conducted beforehand. “More likely than not, a large percentage of the cases would not have resulted in litigation had some kind of risk assessment been done on the front end,” he explained. This underscores the critical role that preemptive measures can play in safeguarding both operators and visitors.
The NALC webinar, titled “Equine Activity and Agritourism Statutes: Strategies for Risk Management,” provided a platform for operators to explore various scenarios that could lead to liability. The discussion aimed not only to inform but also to empower agritourism operators to implement strategies that can mitigate risks effectively.
As the agritourism industry evolves, the need for awareness and education around liability issues becomes increasingly vital. With many visitors lacking experience in farm environments, the onus falls on operators to create a safe and enjoyable experience. This includes identifying potential hazards, implementing safety protocols, and ensuring that visitors are informed about the risks associated with their activities.
The recording of the webinar is available online for those who wish to delve deeper into the legal intricacies and risk management strategies discussed. With the right preparation and an understanding of the legal landscape, agritourism operators can not only protect themselves from potential lawsuits but also enhance the overall experience for their visitors.
In an industry where excitement and adventure are often paired with inherent risks, the message is clear: proactive risk management is not just a legal obligation but a vital component of a successful agritourism business.