NALC webinar emphasizes importance of limiting liability for agritourism, equine operations
If you are opening an agritourism location, “it’s going to be important for you, before ever letting people set foot on the premises, to be thinking about what steps can you take to reduce your liability exposure.” —Rusty Rumley
By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
Oct. 18, 2024
Fast facts:
- NALC webinar focused on equine and agritourism statutes
- Webinar offered examples of scenarios to explore risk assessment
- Recording available to view online
(620 words)
Download related photos of Rumley, Potter
FAYETTEVILLE, Ark. — The concept of limiting liability may not sound exciting, but
it is crucial for owners of equine, livestock and agritourism businesses to consider
to avoid potential litigation.
Rusty Rumley, senior staff attorney at the National Agricultural Law Center, or NALC, said a lot of people don’t realize how dangerous it can be working around livestock or just being around a farm.
“I think for those involved in agriculture on a day-to-day basis, they realize the
risks that are associated with these occupations,” he said. “But for people without
that background that are coming in that have never been on a horse before, or people
that are coming into a petting zoo or a pumpkin patch, they may not automatically
have the same mindset.”
Rumley presented the Oct. 16 NALC webinar, “Equine Activity and Agritourism Statutes:
Strategies for Risk Management,” alongside Tim Potter, equine and animal scientist
with a Ph.D. from Texas A&M University, and owner of Potter Consulting, LLC. The two explored the potential risks for business owners and how to reduce their
likelihood.
A recording of the webinar is available online.
If you are opening an agritourism location, “it’s going to be important for you, before
ever letting people set foot on the premises, to be thinking about what steps can
you take to reduce your liability exposure,” Rumley said.
Regarding legal statutes, Rumley noted that there is a remarkable amount of similarity
when it comes to equine activity and agritourism. About 48 states have some kind of
equine activity statute, and about 40 states have some type of agritourism statute.
“So, these things are pretty prevalent out there,” Rumley said. “But there are important
nuances that you really need to consider before you go out there and just try to rely
on it.”
Rumley and Potter noted several common examples of liability for agritourism operators,
including bacteria that comes from petting farm animals, tripping hazards, and falling
off horses.
Potter analyzed various scenarios where there is risk liability in equine settings,
discussing his consulting experience as an expert on over 150 equine cases.
“Of those cases, a large percentage of the cases, more likely than not, would not have resulted in litigation had some kind of risk assessment been done on the front end,” Potter said.
Potter said matching the proper horse to the specific rider, ensuring there is no
faulty tack or equipment, and proper instruction are all important.
“We need to provide instructions specific to the horse,” he said. “As an example,
we have 10 horses on our farm, and all 10 of them are different.”
Rumley said agritourism operators should be mindful of risk complacency creeping in.
For example, operators of attractions such as hayrides must repeat instructions to
visitors multiple times. If they grow tired of doing so, they may shorten the instructions,
increasing risk of liability.
Rumley and Potter concluded the webinar with practical strategies for reducing liability,
which include proper planning, insurance, employee training, and learning from other
operations.
“So go out there and view other people's operations,” Rumley said. “Have people that
know what they're doing take a look at what you're doing and see what suggestions
they've got.”
Agritourism survey opportunity
The University of Vermont, in partnership with the NALC, is hosting an online survey to understand how many U.S. agricultural operations welcome visitors for education,
research, direct sales, hospitality and entertainment. Those who have a farm, ranch,
or other agricultural business open to visitors are encouraged to participate in the
brief survey.
Resources on agritourism
More information and resources on agritourism can be found in the NALC Reading Room. Additionally, the NALC has state compilations available on landowner liability statutes
including agritourism, equine activity, and recreational use.
For information about the National Agricultural Law Center, visit nationalaglawcenter.org. The National Agricultural Law Center is also on X, Facebook and LinkedIn.
Subscribe online to receive NALC Communications, including webinar announcements, the NALC’s Quarterly
Newsletter, and The Feed.
About the National Agricultural Law Center
Created by Congress in 1987, the National Agricultural Law Center serves as the nation’s
leading source of agricultural and food law research and information. The NALC works
with producers, agribusinesses, state and federal policymakers, lenders, Congressional
staffers, attorneys, land grant universities, students, and many others to provide
objective, nonpartisan agricultural and food law research and information to the nation’s
agricultural community.
The NALC is a unit of the University of Arkansas System Division of Agriculture and
works in close partnership with the USDA Agricultural Research Service, National Agricultural
Library.
About the Division of Agriculture
The University of Arkansas System Division of Agriculture’s mission is to strengthen
agriculture, communities, and families by connecting trusted research to the adoption
of best practices. The Division of Agriculture conducts research and extension work
within the nation’s historic land grant education system through the Agricultural
Experiment Station and the Cooperative Extension Service.
The Division of Agriculture is one of 20 entities within the University of Arkansas
System. It has offices in all 75 counties in Arkansas and faculty on five system campuses.
The University of Arkansas System Division of Agriculture is an equal opportunity/equal
access/affirmative action institution. If you require a reasonable accommodation to
participate or need materials in another format, please contact dviguet@uark.edu as
soon as possible. Dial 711 for Arkansas Relay.
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Media contact:
Drew Viguet
Communications & Special Projects Coordinator
National Agricultural Law Center
dviguet@uark.edu