Agritourism is a critical part of the Niagara
County economy. Local farms and food and beverage producers with open doors and
experiential activities bring to our rural communities hundreds of thousands of
visitors ever year who spend millions of dollars to buy their products, see their
processes and spend some time down on the farm. In the county limits, we have
seventeen wineries, close to twenty Christmas tree farms, a corn maze, dozens of
u-pick stands, and the incredibly-popular Becker Farms, a veritable agricultural
theme park.
Those farmers and vintners aren’t the only folks
who benefit from the traffic. Countless other business -- like restaurants, gas
stations and hotels -- benefit from those who are experiencing the bounty of
the Niagara Frontier. Plus, we taxpayers pay less in property taxes because of
the sales tax revenues that come from all of those transactions.
All of that being said, we need to make sure that
we have a political/economic environment that allows all of those ag businesses
to succeed and not face unnecessary financial struggles. It’s crucial to all of us.
Enter Assemblywoman Carrie Woerner. This year, the
Democrat from Round Lake is introducing the Agritourism and Farm Animal
Activity Liability Act. The act would be similar to laws on the books in 26
other states that clearly indicate that those who visit farms assume inherent
risks. While case law in the Empire State does afford farmers some protection, the
limits have never been defined in statutes.
Woerner’s proposal would most closely mirror Tennessee’s
standards, which state that there is no liability for an injury to a
participant in an agritourism activity conducted at an agritourism location if
such injury results from the inherent risks of the agritourism activity. Under Tennessee
law, inherent risks of agritourism activities include those attributable to
lands, equipment, and animals, as well as the potential for the participant to
act in a negligent manner that may contribute to injury or death.
Some examples of what could occur in anyone of the
local settings: a dad cutting down a Christmas tree could run his chainsaw into
his leg; someone could get kicked by a horse; a drunk twenty-something could
jump off of a hay ride; a child feeding a goat can have his hand bit by the
beast; an individual picking corn could wrench his back picking up his bushel; someone
picking apples could fall off an a-frame ladder.
I could go on and on, but those are just a few of
many events that could occur. “Could” is the key word. They aren’t likely to
occur (agritourism is safe), but there’s always the chance – visitors come in
contact with equipment, animals, heavy produce and more. Anyone with a semblance
of reason can see that there are risks associated with them. Woerner’s bill recognizes
that and clarifies that you are assuming the risk of participating in any agritourism
activity.
If you would like to see this sort of common sense protection
afforded to the local farms and wineries who keep our economy going (and provide
positive memories to locals and world travelers alike), take the time to write
a letter to your assemblyperson and state senator asking them to support
Woerner’s bill. Otherwise, there’s always the chance – especially in our
insanely litigious society – that one of your neighbors could lose his farm to
the misbehavior or unsafe practices of one of his customers.
From the 18 January 2016 Greater Niagara Newspapers
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