From Corn Mazes to Court Cases: Navigating Agritourism Liability in Indiana

There’s much fun to be had on the farms across Indiana. But what happens when that fun turns to misfortune? Indiana farm owners who offer agritourism activities, such as corn mazes, hayrides, and petting zoos, are afforded certain legal protections under Indiana law, but there are limitations to these protections that are important to know if you run, or are considering running, an agritourism business.

Agritourism (sometimes called “agrotourism” or “agritainment”) is the blending of agriculture with tourism, which offers a variety of engaging activities that draw visitors to working farms. Indiana farm owners who allow their farmland to be used for agritourism purposes are protected by statute from lawsuits brought by agritourism participants who are injured during their participation. However, these protections only apply where the injury results from an inherent risk of the agritourism activities. For example, if a person trips on the uneven ground of a corn maze and breaks their ankle, or if a person gets bitten by a goat at a petting zoo, that person may not be able to sue the agritourism provider for their injuries.

It is critical that anyone offering agritourism activities takes time to familiarize themselves with the obligations they must meet in order to receive Indiana’s statutory protections. If a farmer knows of a dangerous condition on the land, or if they know that a particular animal is dangerous, they must notify participants of that danger. The provider must also properly train their employees who assist with the agritourism activities, or the provider may be liable for an injury resulting from an act or omission by the employee. Additionally, a provider must either post a sign or have participants sign a release that includes specific language warning of the risks involved in agritourism activities, and the warning must comply with certain formatting requirements.

In conclusion, while Indiana has taken steps to promote the growth of the Hoosier agritourism industry by offering legal protections that may limit the liability of farm owners offering agritourism activities, it is important to avoid the legal pitfalls that may prevent those protections from applying. If you are involved in an agritourism business and want to make sure you are protected, contact the attorneys at McNeelyLaw today.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.