Fall is finally here and Halloween is just around the corner. Better get your pumpkins before all the jack-o-lantern-perfect ones are gone. While you're at it, maybe, like us, you will visit a pumpkin patch, take a hay/tractor ride and feed a goat or two. So much fun, and often all in one place. What could possibly go wrong? Plenty.
Statewide, since 2004, Kansas has made an effort to encourage agricultural tourism (hence the term agritourism). "An agritourism activity is any activity that allows members of the general public, for recreational entertainment or educational purpose, to view or to enjoy rural activities, including but not limited to, farming activities, ranching activities or historic, cultural or natural attractions." When you are visiting such an establishment, in Kansas, you are accepting the inherent risks associated. The legislation's intent was to encourage these businesses to continue or begin operation, through minimizing injury liability.
"Inherent risks of registered agritourism activity” means those dangers or conditions which are an integral part of such agritourism activity including, but not limited to, certain hazards such as surface and subsurface conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; and ordinary dangers of structures or equipment ordinarily used in farming or ranching operations. “Inherent risk of registered agritourism activity” also includes the injury potential of a participant to others, such as failing to follow instructions given by the registered agritourism operator or failing to exercise reasonable caution while engaging in the registered agritourism activity."
The possible accidents include:
If you do get injured, there are a several things you and your agritourism lawyer will need to determine:
Most of the time, you will enjoy being an agritourist without incident. However, if you or your family member do suffer an injury don't hesitate to call Attorney T. Morton @ 913.602.7288 today.
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