Agritourism Liability

Agritourism Liability in Montana: What You Need to Know

Montana law provides specific protections and responsibilities for both agritourism operators and their guests. Understanding these can help ensure a safe and enjoyable experience for everyone involved.

Key Legal Points

• Assumption of Inherent Risks
  Under Montana law, individuals participating in agritourism activities assume the inherent risks associated with those activities. This includes risks that are characteristic of, intrinsic to, or an integral part of the activity and cannot be eliminated through the exercise of reasonable care. Examples include:

  • Uneven terrain

  • Interaction with animals

  • Use of farming equipment

Participants are legally responsible for any injury or damage resulting from these inherent risks.

• Operator's Duty of Care
  Agritourism operators are not required to eliminate inherent risks but must not act negligently. If an injury results from the operator's failure to exercise reasonable care (ordinary negligence), they may be held liable. For instance, if an operator knows of a specific danger and fails to address it, they could be responsible for resulting injuries.

• Use of Liability Waivers
  Operators may use written waivers to inform participants of inherent risks and limit liability. These waivers must:

  • Clearly state the known inherent risks

  • Include a bold statement indicating that by signing, participants may waive their right to a jury trial and hold the provider legally responsible for injuries resulting from inherent risks or ordinary negligence

It's important to note that such waivers can still be challenged in court on legal grounds.

Practical Steps for Operators

• Signage: Clearly mark areas with potential hazards and provide safety instructions. Members of the Montana Agritourism Association receive 1 free outdoor-appropriate sign for use at their property, and additional signs may be purchased at a discounted cost.

• Education: Inform visitors about the risks associated with activities.

• Maintenance: Regularly inspect and maintain equipment and facilities.

• Documentation: Keep records of safety measures and any incidents.

By understanding and adhering to these guidelines, agritourism operators can create a safe environment that complies with Montana law.

Insurance Links

Below are some helpful resources to explore your insurance options:

• Leavitt Insurance Group

• McNeil and Company Insurance and Risk Services

• Outdoor Insurance Group

Liability Podcast: Legal Aspects of Agritourism

This is a podcast to help put your nerves to rest- answering the following questions and more:

How do legal regulations affect agritourism? How can agritourism business owners work with government entities and insurance to mitigate risks?

“Legal Aspects of Agritourism”