It’s fall festival time and many families will be taking their little ones to Ohio’s farms for apple picking, corn mazes, and other activities.

Let’s talk about who is responsible if someone is injured

In Ohio “agrotourism” means any agriculturally-related entertainment or recreational activity. Apple picking and fall festivals are considered “agrotourism.” RC 901.80(B) grants immunity to farm owners from liability for injuries a person sustains that is an inherent risk to agritourism. Immunity means they are not legally responsible. Examples include:

Fractured ankle due to holes in the field
Injured by an animal in a petting zoo
Fall from a hay bale play yard or hayride

Further, this section doesn’t even require farm owners to eliminate those risks

Now, there are exceptions to immunity which include:

Farm owner purposely harms people or otherwise acts in willful and wanton disregard for peoples safety
Farm owner has knowledge (or should have knowledge) of a dangerous condition that is not inherent to the activity and does not warn people about it
Farm owner fails to post signage warning participants of the inherent risks as required by statute

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.