ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 475

with committee amendments

STATE OF NEW JERSEY

DATED: DECEMBER 15, 1997

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 475.

      As amended by the committee, this bill provides that an owner, lessee or occupant of agricultural or horticultural lands shall not have a legal duty to protect persons who are invited onto the land for purposes of picking or taking agricultural or horticultural products from the natural risks or hazards that are inherent characteristics of agricultural or horticultural lands and shall not be liable for injury to such an invitee injured because of these risks or hazards.

      Prior to committee amendments, the bill provided that a person entering agricultural land would be considered a licensee, and not an invitee, thus limiting the duty a farmer owes that person to keep the property safe for that activity. The bill also provided that the "pick your own" area was to be clearly marked. The farmer was required to post signs concerning the conduct expected and the limitations on liability. Further, the bill required the State Agriculture Board to develop regulations. The committee amendments omit these provisions and insert a new section to provide that an owner, lessee or occupant of agricultural or horticultural lands shall not have a legal duty to protect persons who are invited for picking or taking agricultural or horticultural products from the natural risks or hazards which are inherent characteristics of agricultural or horticultural lands and shall not be liable to an individual who was injured because of these risks or hazards.

      The limitations on liability in this bill are prospective only and do not apply to causes of action arising prior to the bill's effective date.

      As amended, this bill is identical to Senate Substitute for Senate, No. 1332.