An Act To Promote Agricultural Activity in Maine by Limiting the Liability for Agritourism Activities
Maine Legislature, Session 125, LD 1605
Committee Amendment CA_A_H839 (House)

COMMITTEE AMENDMENT ,A " 
to H.P. 1214, L.D. 1605, Bill, "An Act To 
Promote Agricultural Activity in Maine by Limiting the Liability for Agritourism 
Activities" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 7 MRSA c. 8-E is enacted to read: 
§251. Definitions 
CHAPTER8-E 
AGRITOURISM ACTIVITIES 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Agritourism activity. 
"Agritourism activity" means any agricultural activity 
carried out on a farm or ranch that members of the general public are allowed to view or 
participate in, including farming, ranching, historical and cultural activities, harvest-your-
own activities and attractions related to farming or ranching. 
An activity is an 
agritourism activity whether or not the participant pays to view or participate in the 
activity. 
2. Agritourism professional. "Agritourism professional" means a person who is 
engaged in the business of farming or ranching and provides one or more agritourism 
activities, whether or not for compensation. 
3. Farm or ranch. "Farm" or "ranch" means the land, plants, animals, buildings, 
structures, ponds and machinery used in the commercial production of agricultural 
products. 
4. Farming or ranching. "Farming" or "ranching" means primarily engaging in the 
commercial production of agricultural products as a livelihood and includes dairy 
farming; raising livestock, freshwater fish, fur-bearing animals or poultry; producing, 
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cultivating, growing and harvesting fruit, produce or floricultural or horticultural 
commodities; or any practices on a farm or ranch that are incident to or in conjunction 
with these farming operations. 
5. Inherent risks of agritourism activity. "Inherent risks of agritourism activity" 
means those dangers or conditions that are an integral part of an agritourism activity, 
including but not limited to: 
A. 
Certain hazards including surface and subsurface conditions and natural 
conditions of land, vegetation and waters; 
B. The behavior of wild and domestic animals, including but not limited to the 
depositing of manure; 
C. 
Ordinary dangers of structures or equipment ordinarily used in farming and 
ranching; and 
D. The potential for injury to a participant or others if the participant acts in a 
negligent manner, including failing to follow instructions given by an agritourism 
professional or failing to exercise reasonable caution while engaging in an 
agritourism activity. 
6. 
Participant. 
"Participant" means any person, other than the agritourism 
professional, who engages in an agritourism activity. whether or not a fee is paid to view 
or participate in the agritourism activity. 
§252. Liability 
1. No liability. Except as provided in subsection 2, an agritourism professional is 
not liable for any property damage or damages arising from the personal injury of a 
participant resulting from the inherent risks of agritourism activities. Except as provided 
in subsection 2, a participant or participant's representative may not make any claim or 
recover from an agritourism professional for property damage or damages for personal 
injury resulting from the inherent risks of agritourism activities. A participant expressly 
assumes the risk and legal responsibility for any property damage or damages arising 
from personal injury that results from the inherent risk of agritourism activities. A 
participant has the sole responsibility for knowing the range of that person's ability to 
participate in an agritourism activity. It is the duty of a participant to act within the limits 
of the participant's own ability, to heed all warnings and refrain from acting in a manner 
that may cause or contribute to the injury of any person or damage to any property. 
2. 
Exceptions. 
Nothing in subsection 1 prevents or limits the liability of an 
agritourism professional if the agritourism professional: 
A. Commits an act or omission that constitutes negligence or reckless disregard for 
the safety of others, and that act or omission causes an injury. For purposes of this 
section, "reckless" has the same meaning as "recklessly," as defined in Title 17 -A, 
section 35, subsection 3, paragraph A; 
B. Has actual knowledge or reasonably should have known of a dangerous condition 
of the land, facilities or equipment used in an agritourism activity or the dangerous 
propensity of a particular animal used in the agritourism activity and does not make 
the danger known to a participant, and the danger causes an injury; or 
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C. Intentionally injures a participant. 
3. 
Assumption of risk. 
In a personal m1Ury action against an agritourism 
professional, a defense or immunity described in subsection 1 may be asserted only if the 
participant injured in the course of an agritourism activity had been notified of the 
inherent risks of an agritourism activity and the limitations ofliability. 
For purposes of this subsection, notice of the inherent risks of agritourism activities may 
be satisfied either by a statement signed by the participant or a sign or signs prominently 
displayed at the place or places where the agritourism activities take place. The statement 
or sign must contain the following information. 
"WARNING 
Under Maine law, there is no liability for injury to a participant in an agritourism activity 
conducted at this agritourism location if such injury results from the inherent risks of the 
agritourism activity. Inherent risks of agritourism activities include, among others, risks 
of injury inherent to land, equipment and animals, as well as the potential for injury if you 
act in a negligent manner. You are assuming the risk of participating in this agritourism 
activity. II 
The message on the sign must be in black letters at least one inch in height and the sign or 
signs must be placed in a clearly visible location on or near the places where the 
agritourism professional conducts agritourism activities.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Judiciary. 
It replaces the bill with a limitation on the liability of agritourism professionals based on 
participants' assumption of the inherent risks of agritourism activities. 
Inherent risks include but are not limited to certain hazards, including surface and 
subsurface conditions and natural conditions of land, vegetation and waters; the behavior 
of wild and domestic animals, including but not limited to the depositing of manure; 
ordinary dangers of structures or equipment ordinarily used in farming and ranching 
operations; and the potential of injury to a participant or others if a participant acts in a 
negligent manner, including failing to follow instructions given by the agritourism 
professional or failing to exercise reasonable caution while engaging in the agritourism 
activity. 
An agritourism professional is not liable for any property damage or damages arising 
from the personal injury of a participant arising from the inherent risks of agritourism 
activities if the participant is given notice of the inherent risks and the assumption of 
those risks. Notice of the inherent risks of agritourism activities may be satisfied either 
by a statement signed by the participant or a sign or signs prominently displayed at the 
place or places where the agritourism activities are conducted. 
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