The Record (Troy, NY)

PROTECTING GROWTH

New law will shield farms from frivolous lawsuits, officials say

- By Paul Post ppost@digitalfir­stmedia.com >> @paulvpost on Twitter

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.

 ?? PAUL POST — PPOST@DIGITALFIR­STMEDIA.COM ?? Atli Presseisen, 7, gets some playful attention from the goats at Ellms Family Farm. (Paul Post photo)
PAUL POST — PPOST@DIGITALFIR­STMEDIA.COM Atli Presseisen, 7, gets some playful attention from the goats at Ellms Family Farm. (Paul Post photo)
 ?? PAUL POST — PPOST@DIGITALFIR­STMEDIA.COM ?? Chickens are among the many live animals that kids enjoy seeing at Ellms Family Farm, which welcomes thousands of visitors each year, especially in autumn.
PAUL POST — PPOST@DIGITALFIR­STMEDIA.COM Chickens are among the many live animals that kids enjoy seeing at Ellms Family Farm, which welcomes thousands of visitors each year, especially in autumn.
 ?? PAUL POST — PPOST@DIGITALFIR­STMEDIA.COM ?? Three generation­s of family members get ready to enter the corn maze at Ellms Family Farm. From left to right are Sasha Presseisen, her daughters Clover and Atli, and Sasha’s mother, Sally Ellms.
PAUL POST — PPOST@DIGITALFIR­STMEDIA.COM Three generation­s of family members get ready to enter the corn maze at Ellms Family Farm. From left to right are Sasha Presseisen, her daughters Clover and Atli, and Sasha’s mother, Sally Ellms.
 ?? PAUL POST — PPOST@DIGITALFIR­STMEDIA.COM ?? Pedal cars are a popular activity at Ellms Family Farm in Ballston Spa. From left to right are Atli and Clover Presseisen and their mother, Sasha, whose parents, Chip and Sally Ellms, founded the farm.
PAUL POST — PPOST@DIGITALFIR­STMEDIA.COM Pedal cars are a popular activity at Ellms Family Farm in Ballston Spa. From left to right are Atli and Clover Presseisen and their mother, Sasha, whose parents, Chip and Sally Ellms, founded the farm.

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