PROTECTING GROWTH
New law will shield farms from frivolous lawsuits, officials say
Frivolous lawsuits brought against farms are always a big topic of discussion at conventions Chip and Sally Ellms attend.
In February, they’ll finally have something good to talk about when the North American Farm Direct Marketing Association meets again in Mystic, Ct.
Gov. Andrew Cuomo has signed into law a bill co-authored by Assemblywoman Carrie Woerner, DRound Lake, which establishes limited liability protections for the inherent risks people take when visiting places such as Ellms Family Farm, a popular agritourism destination with an array of children’s activities, plus a cut-your-own Christmas tree operation.
“Without the threat of frivolous lawsuits, insurance companies will hopefully offer lower rates like they do in other states,” Chip Ellms said. “So we’ll have more money to invest in the business, which will make a better experience for visitors.”
Ellms Family Farm welcomes thousands of school children and families each year in autumn. Ellms said no one has ever filed suit against the farm, but the threat is always there.
His daughter, Sasha Presseisen, said someone recently complained on Facebook about how many bees were at the farm, which the owners could be liable for if someone allergic to bees gets stung. Of course, this is completely out of the owners’ control, as bees are present many places at this time of year, especially when the weather is unseasonably mild.
Sally Ellms said she always tries to anticipate problems, to ward them off before they occur.
“Society is so driven by the fear of being sued,” she said. “We’re constantly worried about it.”
But now they shouldn’t have to, at least not as much.
“This law really allows us to sleep better at night,” Chip Ellms said. “Given how broken things are in Washington, this is a wonderful thing at the state level that positively impacts all farms that entertain visitors. It does away with frivolous lawsuits when people say they’ve somehow been injured.”
New York is the 27th state to adopt such legislation.
The legislation does not give farms blanket immunity, but offers some protection from lawsuits by an individual who takes
no responsibility for his or her own actions. For example, customers should assume there is some natural, inherent risk for riding a horse or climbing an apple tree and act accordingly to avoid injury, New York Farm Bureau says.
The measure establishes clear standards regarding the things farm owners and visitors are responsible for. Farms that clearly provide directional signs, instructions and warnings about potential hazards — uneven ground, animals, machinery — are less apt to be liable for injuries.
“This legislation has been one of our organization’s major priorities,” Farm Bureau President David Fisher said. “For too long, farmers
had to choose between higher insurance costs or closing off their businesses to the general public that is eager to experience life outdoors on a farm.”
Until now, New York’s litigious environment had diminished the number of insurance carriers willing to cover these businesses, while dramatically increasing the cost of liability coverage. Many farmers have had to turn down opportunities to invite the public onto their farm because they could not find or afford the liability insurance necessary to host these opportunities in this state, Fisher said.
“We’re trying to create a different liability climate,” Woerner said. “Agricultural tourism is a critical component of our economy and helps small, family-owned farms succeed here.”
The law also applies to ventures such as maple sugarhouses that welcome guests during Open House weekends in March, plus wineries and horseback riding stables.
Mary Jeanne Packer, of Salem, is executive director of the Christmas Tree Farmers Association of New York.
“This is a very important next step for farms that are selling direct to consumers including New York state’s nearly 800 choose-and-cut Christmas tree farms,” she said. “What farmers are looking for is predictability in their management costs. This legislation will help insurance companies set rates that are affordable for farmers and consistent year after year; and also consistent with neighboring states.”
Packer said plans call for providing training to tree growers on implementing an on-farm signage and safety program at the association’s annual Winter Convention in Syracuse, Jan. 18-20.
The legislation had strong support from the Small Business Development Center, New York Apple Association, New York State Maple Producers Association, New York State Vegetable Growers Association, New York Thoroughbred Horsemen’s Association, the New York State Horse Council and New York Thoroughbred Breeders, Inc.