SALEM—Proponents of a bill limiting the legal exposure of agritourism operations in Oregon have overcome the objections of trial lawyers who initially fought the proposal.
Under Senate Bill 341, farmers aren’t liable for the death or injury of agritourism participants as long as they post warnings of possible dangers, with some exceptions.
The legal protection wouldn’t cover growers who have “wanton and willful disregard” for safety, purposely hurt visitors or fail to properly inspect the property or equipment.
Friends of Family Farmers and the Oregon Farm Bureau claim the bill would provide more certainty for agritourism operations and their insurers, but the Oregon Trial Lawyers Association had opposed the legislation for allegedly immunizing negligent farmers from lawsuits.
During an April 21 work session, however, the group dropped its objections to an amended version of SB 341 and the Senate Judiciary Committee referred the bill to the Senate floor with a “do pass” recommendation.
Arthur Tower, political director for OTLA, said his group is wary of legislation that seeks to erode consumer protections and the ability of citizens to have their day in court.
The latest revisions to SB 341 have “struck the right balance” by providing more information about safeguards for landowners and consumers while ensuring “bad actors” would still be held responsible, he said.
Ivan Maluski, policy director of Friends of Family Farms, said the changes have made the legislation more specific than the original about growers’ responsibilities.
“I’m pretty excited,” Maluski said. “This is a neat step forward if we can get it through the entire legislative process.”
The goal of SB 341 isn’t just to give more peace of mind to agritourism providers, but to clarify the legal landscape for insurers, he said.
The legislation will hopefully convince more insurers to cover agritourism operations, spurring competition and ultimately reducing rates, Maluski said.
As more states adopt such bills, it will also help create legal uniformity that reassures insurers, he said. “Almost no insurance company wants to touch agritourism right now.”
Source: www.capitalpress.com