October 14, 2025

Knowledge Exchange Partner

Who Takes The Fall? Liability Limitations for Agritourism Activity Hosts

Volume 19, Issue 10
September 2025

Contributed by Charles F. Gfeller, a Partner and Anna-Kate M. Munsey, an Associate at Gfeller Laurie LLP

People across the country look forward to the cozy charm of the “-ber” months: crisp air, beautiful scenery, and a plethora of seasonal fun. These activities often take place outside, in areas like farms, wineries, and gardens. As with most outdoor adventures, a small bit of risk often accompanies the fun. Despite best efforts, injuries stemming from these activities are possible. Tree root falls, bee stings, hayride malfunctions—many farmers have dealt with some type of guest injury on their properties. Some state legislatures, cognizant of the high enjoyment value for customers coupled with the lucrative nature of these types of activities, have enacted laws seeking to limit legal liability for the operators of agritourism properties where these injuries may take place.

Agritourism is “a form of commercial enterprise that links agricultural production and/or processing with tourism to attract visitors onto a farm, ranch, or other agricultural business for the purposes of entertaining or educating the visitors while generating income for the farm, ranch, or business owner.”1  There are four main aspects of agritourism: (1) it combines the essential parts of both the tourism and agriculture industries; (2) it encourages members of the public to visit these agricultural sites, (3) it is designed to either increase revenue for the farm, educate people, or entertain them, and (4) it provides some form of recreation, entertainment, or education. Examples of these activities include “pick-your-own” fruit orchards and patches, corn mazes, petting zoos, hayrides, holiday light exhibits, dude ranches, agricultural museums, wine tasting sites, rural bed and breakfasts, and farm stay lodging—just to name a few.2

This article provides a brief overview of the types of agritourism liability laws states across the Northeast have enacted. At the outset, it is worth noting some steps those engaged in agritourism should take, regardless of any protections afforded by state law. These steps include posting warning signs on recreational property, communicating to visitors about any inherent and/or unexpected risks, and ensuring you have adequate and comprehensive insurance coverage for the agritourism activity. With this in mind, we turn to a brief discussion of existing state law protections.

Agritourism statutes often use the phrasing “inherent risk” or “risk inherent in agritourism activity.” Statutory definitions and language will vary slightly, but the simple way to think about inherent risks is to ask: is a particular risk a built-in risk of the environment or activity, which cannot be removed from the activity? Examples of inherent risks include the physical nature of the land, such as uneven terrain; weather events, and behavior of animals. States vary in whether they use the term “agritourism host,” “agritourism provider,” or “agritourism professional.” However, these terms generally all mean the same thing: a person, such as a farmer, or an entity, such as a farm, that is hosting the activity. In these statutes, “liable” or “liability” refers to the potential for someone to sue you for money damages if they are injured on your property.

As a reminder, agritourism statutes merely function as an extra layer of protection. If your state does not have such a law, that does not mean you will automatically be found to be liable for injuries that happen on your land. If you were to be sued by an injured participant, you would still have all of the typical protections afforded by your state’s legal system. Additionally, even if your state does not have an agritourism liability law, courts may already be following these principles in their decisions on cases brought against agritourism providers.

States with Agritourism Liability Laws

Connecticut

Connecticut is the most recent Northeast state to pass agritourism legislation, with its liability limitation law having taken effect on October 1, 2025. Connecticut’s statute provides: “an agritourism provider shall be immune from liability for any personal injury or property damage a participant sustains during an agritourism activity if the participant incurs personal injury or property damage as a result of a risk inherent in an agritourism activity.”3  Notably, if agritourism providers act negligently, or with a “wilful or wanton” disregard for the participant’s safety, or purposefully cause personal injury or property damage to the participant, they are not protected from liability by this statute. In addition, if the agritourism provider’s acts or omissions constitute criminal conduct, the liability protection does not apply.

In simpler terms, this law means agritourism hosts are not liable for injuries sustained by participants on their property, unless the host has been negligent – meaning careless or inattentive, or if the host intentionally caused such harm. Unlike other states on this list, Connecticut’s law does not have a “warning sign” requirement. However, it would still be wise for agritourism hosts to create and maintain signage cautioning guests of potential risks to the activity being offered.

Maine

Maine’s agritourism liability statute has been in effect for over a decade. It provides that “an agritourism professional is not liable for any property damage or damages arising from the personal injury of a participant resulting from the inherent risks of agritourism activities.”4  The statute puts the onus on participants to act within the limits of their own ability, heed warnings, and assume the risks of the activity. Acts committed with negligence, reckless disregard for safety, knowledge or expectation of a dangerous condition, or intentionality are not protected.

While providing similar protections for agritourism hosts as Connecticut’s law, Maine’s law may be even stronger. This is because Maine recognizes “assumption of the risk” as a defense to personal injury claims (Connecticut generally does not), meaning the law takes into consideration the fact that participants engage in activities with an understanding of potential hazards. This is a strong defense for any agritourism host and is especially useful for those offering activities with more potential for injury. Notably, in order to use this defense, an agritourism host must have notified the participants of these risks, either via signed statement (ie: a pre-injury release of liability) or posted signage. The statute provides the required language and other details.

Massachusetts

Massachusetts’ agritourism liability law is narrower than others on this list. It provides protections for farmers offering “agricultural harvesting,” including “pick-your-own” and “cut-your-own” operations. It states, “[n]o owner, operator, or employee of a farm who allows any person to enter said farm for the purpose of agricultural harvesting . . . shall be liable for injuries or death to persons, or damage to property, resulting from the conduct of such operation in the absence of wilful, wanton, or reckless conduct on the part of said owner, operator, or employee.”5  The law requires the posting and maintenance of signs containing specific warning language.

As noted above, this law is narrower than others, limited in scope to agricultural harvesters, instead of all agritourism providers. If you are in the business of these types of harvest activities, such as apple orchards and Christmas tree farms, this statute may be very useful. If you offer agritourism activities outside this scope, other legal protections may still be beneficial, including those discussed below pertaining to states without agritourism liability statutes.

New York

New York’s agritourism liability statute is set up slightly differently than those discussed thus far. The statute outlines a series of obligations, and says “[o]wners and operators of agricultural tourism areas shall not be liable for an injury to or death of a visitor if the provisions of this subdivision are complied with.”6  The provisions include posting and maintaining way-finding signage, adequately training employees involved in agritourism activities, and posting a warning regarding inherent risks, among others. The statute also outlines the “reasonable care” responsibilities of agritourism visitors, such as complying with instructions and directional signage and staying in designated areas.

If you are a New York-based agritourism provider, it is worthwhile to review this list and ensure you are complying with all of the requirements. This will put you in the most advantageous position to potentially shift responsibility for an injury to a participant who fails to act with due care.

Vermont

Vermont’s agritourism law is quite similar to Maine’s, discussed above. It provides “an agritourism host shall not have a legal duty to protect a participant from the inherent risks of an agritourism activity and shall not be liable for injury to or death of a participant or damage to the property of a participant resulting from the inherent risks of an agritourism activity, provided that the agritourism host posts the warning required under section 5873 of this title.”7

As expected, there are carveouts to this protection, including for an agritourism host’s negligence, knowledge of a dangerous condition, intentional acts, and criminal acts. Also, failing to post the required warning results in exposure to liability. In Vermont, as in other states, it is crucial to review this law and ensure your compliance with the warning sign requirements.

Northeast States Without Existing Agritourism Laws

New Jersey, Rhode Island, and New Hampshire

None of these states have explicit agritourism liability laws on the books. However, as has been noted, this does not mean you are wholly unprotected if someone gets injured on your property and sues you for money damages. Additional protections for agritourism providers may be found elsewhere, such as Right to Farm laws. All 50 states have such a law, which offers protection for farmers and ranchers from nuisance lawsuits in certain situations.8 Protection may also exist in your state’s recreational immunity law. For example, New Hampshire’s recreational use statutes provide landowners immunity from being sued if they allow their land to be used for recreational purposes without charge.9  In addition, as mentioned above, states may provide these protections to agritourism providers through their court system rather than the legislature.

The state legislatures of both New Jersey and Rhode Island have considered enacting agritourism liability statutes in recent years. The language of both proposed bills is similar to the others on this list, again with the goal of encouraging the development of agritourism activities. For residents of these states, plus Granite Staters, if you are interested in this issue and think such a law would benefit agritourism in your state, consider contacting your state legislative representatives. Even better, reach out to other agritourism providers in your region and see if they are interested in working with you to lobby your state legislature to pass such a law.

Concluding Thoughts

It’s evident from this discussion that states, even those within one particular region of the country, each take a unique approach to agritourism and potential liability arising therefrom. If you are fortunate enough to live in a state with specific statutory protections limiting liability for agritourism activities, take the time to read your statute, consult with your attorney, and keep current on any news coverage regarding any changes in the law. If certain things are required of you in order to claim protection from liability if you are sued, make sure you are in compliance. Look at how your law is written: is it a blanket protection with carveouts? Or is it structured more like a requirement list with protection if you meet its obligations? If your state does not yet have such a law, keep a lookout; it could be in the works currently or coming up in your state legislature’s next session.

Regardless of the protections offered by your state, it is important to be proactive. Take steps to protect yourself from risk and ensure the safety and optimal experience of agritourism activities. Talk to your insurance carrier about what coverage you currently have for your agritourism activities (and make sure they are aware of exactly what activities you are offering), and whether more or different coverage may be available. Speak with an attorney who has experience with risk management and defense of agritourism activities and other outdoor, recreational activities. These proactive measures will better position you if someone gets injured and should also help to promote safe, fun-filled, and successful agritourism operations.

 

*It is important to note that for the sake of brevity and clarity, these laws have been summarized in concise language. It is important to read the full language of the law in your state to ensure understanding of what is required of you, and what protections exist for you in your agritourism activity ventures. This article is not intended to provide legal advice and is not a substitute for same. Consult with an attorney for advice that is specific to your operational needs.


1AgriTourism, USDA, https://www.nal.usda.gov/human-nutrition-and-food-safety/local-foods-and-communities/agritourism.

2Agritourism – An Overview, National Agricultural Law Center, https://nationalaglawcenter.org/overview/agritourism/.

3Conn. Gen. Stat. Ann. § P.A. 25-152, § 10 (2025).

4Me. Rev. Stat. Ann. tit. 7, § 252.

5Mass. Gen. Laws Ann. ch. 128, § 2E.

6N.Y. Gen. Oblig. Law § 18-303.

7Vt. Stat. Ann. tit. 12, § 5872.

8States Right-To-Farm Statutes, National Agricultural Law Center, https://nationalaglawcenter.org/state-compilations/right-to-farm/.

9Recreational Immunity, New Hampshire Municipal Association, https://www.nhmunicipal.org/town-city-magazine/mayjune-2018/recreational-immunity.


Editor: Chris Laughton

Contributors: Charles F. Gfeller is a Partner and Anna-Kate M. Munsey is an Associate at Gfeller Laurie LLP. They are resident in the firm’s West Hartford, CT office. They may be contacted at cgfeller@gllawgroup.com and amunsey@gllawgroup.com respectively. For more information about Charlie and Anna-Kate, or the firm, please visit www.gllawgroup.com.

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