SENATE, No. 1332

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 20, 1996

 

 

By Senators KYRILLOS and SINGER

 

 

An Act concerning the liability of certain persons for activities on agricultural or horticultural lands and supplementing chapter 42A of Title 2A of the New Jersey Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. As used in this act, "agricultural or horticultural land" means land devoted to the production for sale of plants, crops, or other related commodities, including bees and apiary products, orchards, nurseries, and trees and forest products.

 

    2. a. A person who is invited onto agricultural or horticultural land by the owner, lessee, or occupant of that land , or by any employee or agent thereof, for the purpose of picking or taking agricultural or horticultural products shall be considered a licensee for the purpose of determining the duty owed by the owner, lessee, occupant , agent, or employee to that person.

    b. An owner, lessee, or occupant of agricultural or horticultural land , or an agent or employee thereof, who acts in conformance with a standard of reasonable care, as prescribed pursuant to section 3 of P.L. , c. (C. )(now before the Legislature as this bill), shall be presumed to have acted reasonably with respect to any person invited onto the land for the purpose of picking or taking agricultural or horticultural products in any civil action for damages related to that person's activities on the land.

    c. The owner, lessee, or occupant of agricultural or horticultural land, or an agent or employee thereof, who invites persons onto the land for the purpose of picking or taking agricultural or horticultural products shall:

    (1) clearly mark off the area wherein the persons on the land may engage in the activity of picking or taking agricultural or horticultural products. A person who enters land outside this area shall be considered a trespasser for the purposes of determining the duty owed by the owner, lessee, occupant, agent or employee to that person; and

    (2) post signs at the point of arrival explaining the area at which the activities may be conducted, the rules of conduct, and the limitations on liability provided for in this section. 

    3. The State Board of Agriculture shall adopt regulations that shall prescribe those actions, based upon a standard of reasonable care, that an owner, lessee, or occupant of agricultural or horticultural lands, or an agent or employee thereof, shall take with respect to ensuring the safety of persons invited onto those lands for the purpose of picking or taking agricultural or horticultural products.

 

    4. This act shall take effect immediately and shall apply only to any cause of action that arises after the effective date of this act.

 

 

STATEMENT

    This bill would provide limited immunity for farmers from civil lawsuits brought by persons who enter agricultural or horticultural lands to pick their own fruit or other agricultural or horticultural products such as Christmas trees.

    Specifically, the bill provides 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 requires the State Agriculture Board to develop regulations that will define what actions a farmer shall take in order to meet the reasonable standard of care he owes to the persons invited onto his land. If that standard of reasonable care as enumerated in the regulations is met, the farmer will be presumed to have acted reasonably.

    The bill also provides that the area in which the "pick your own" activity is to take place is to be clearly marked. Any person entering lands outside that marked area will be considered a trespasser for the purposes of determining a farmer's liability to that person. The farmer is also required to post signs informing persons of the conduct expected and the limitations on liability provided in this bill.

    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.

 

 

                              

 

 

Provides limited civil liability immunity to farmers for "pick your own" operations.