Nebraska Agri-Tourism Limitation of Liability

Nebraska recently passed LB329, providing a bevy of benefits for those individuals involved with agri-tourism.  The bill exempts property owners from lawsuits for injury or death caused by an “inherent risk” on the property.  An inherent risk includes conditions, dangers, or hazards that are an integral part of the land or waters used for agri-tourism, the behavior of wild or domestic animals, the ordinary dangers of structures or equipment on the site, or the negligence of a paying participant.

The exemption does not apply if the property owner is negligent.  Additionally, the property must display signs with the exemption.

Covered activities at working farms and ranches include hunting, fishing, swimming, boating, canoeing, kayaking, tubing, water sports, camping, picnicking, hiking, backpacking, bicycling, horseback riding, nature study, birding, farm ranch and vineyard tours and activities, harvest-your-own activities, water skiing, snow-shoeing, cross-country skiing, visiting and viewing historical, ecological, archaeological, scenic, or scientific sites, and similar activities.

LB329 is an interesting step towards limitation of liability for those interested in starting or expanding their agri-tourism operation.  If you have any questions, you are welcome to contact us — we’re happy to help!

 

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