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Wisconsin Limited Liability Law Signage Information

2013 Wisconsin Act 269 provides immunity from liability for agricultural tourism providers in two ways.

First, the Act provides that agricultural tourism activities are "recreational activities" under recreational immunity laws. The Act also specifies that payments made to purchase products or goods offered for sale on a property where agricultural tourism occurs do not count toward the general $2,000 cap on payments received by the activity provider that is a condition under the recreational immunity law.

Second, the Act exempts an agricultural tourism provider from liability for the death of or injury to a participant in an agricultural tourism activity if both of the following conditions are met:

1. The participant is injured or killed as a result of a risk inherent in an agricultural tourism activity.

2. The agricultural tourism provider posts and maintains, in a clearly visible location at each entrance to the property where the agricultural tourism activity takes place or at the location of each agricultural tourism activity, a sign that contains the following notice in black lettering, each letter a minimum of one inch in height, on a white background:

"NOTICE: A person who observes or participates in an agricultural tourism activity on this property assumes the risks inherent in the agricultural tourism activity. Risks inherent in the agricultural tourism activity may include conditions on the land, the unpredictable behavior of farm animals, the ordinary dangers associated with equipment used in farming operations, and the potential that a participant in the agricultural tourism activity may act in a negligent way that may contribute to injury or death. The agricultural tourism provider is not liable for the injury or death of a person involved in an agricultural tourism activity resulting from those inherent risks."

The Wisconsin Agricultural Tourism Association does not have signs available for purchase. To obtain a sign please provide this information to a local printing company.

By following the statute they can make a sign that fits your needs. Thank you.

Facts about Wisconsin Act 269

Who Does this Act Affect?

An agricultural tourism provider is anyone who provides educational or recreational activities that take place on a:

• Farm, ranch, grove
  
• Or anywhere agricultural, horticultural, or silvicultural (tree) crops are grown or farm animals or fish are raised

AND

Allows visitors to:

• Tour, explore, observe, learn about, participate in or
• Be entertained by an aspect of agricultural production, harvesting, or husbandry

Furthermore, a “farm” is defined as any piece of land used for an agricultural purpose, which includes gardens and county fairs.

Wisconsin Limited Liability Law Signage Frequently Asked Questions (FAQs)

1. How do I maintain compliance with the law?
Post signs that contain the proper wording and text height at all entrances/exits. Providers must exercise ordinary care to prevent a known danger and discover a danger on their operations.

2. Where can I purchase signs?
Providers can use any vendor/company to print signs. It is the responsibility of the provider to ensure that signs meet compliance under the law.

3. How much do signs cost?
The cost will vary depending on which vendor/company is used, sign size, and material used. Reported prices have ranged from $35-350 per sign.

4. How many signs do I need?
A sign must be posted at each entrance/exit of the site or at each agricultural tourism activity. In most cases, the provider will post signs at each entrance/exit. However, there are some instances where posting at each agricultural tourism activity is easier. For example, if there are more entrances/exits than there are agricultural tourism activities. Additionally, if parking is not available on site or there are agricultural tourism activities happening off site, signs must be posted to cover these off site areas.

5. Where do the signs have to be posted?
Signs must be posted at each entrance/exit of the site or at each agricultural tourism activity.

6. Who can I contact if I have questions about the law?
Questions can be directed to Marsha Salzwedel, Agritourism Safety Specialist, [email protected].

The legislation does not provide “blanket immunity” nor does it replace the need for liability insurance. In addition, agricultural tourism providers must still conduct best practices and provide good faith efforts to ensure the safety of their participants. The legislation does not protect providers if a participant proves by clear and convincing evidence that a provider:
(1) acted with an intentional or reckless disregard for the safety of others (such as by failing to exercise ordinary care to discover a danger or prevent a known danger) or
(2) intentionally caused the participant’s injury or death.

This document is for educational purposes only and should not replace legal counsel. Agricultural tourism providers should seek legal counsel and contact their insurance provider with any questions about the applicability of this law.

For more information, visit: 

• docs.legis.wisconsin.gov/2013/related/acts/269
  
• safeagritourism.com

This information came from a document prepared by Liz Binversie, Brown County University of Wisconsin-Extension, Laura Brown, Center for Community Economic Development, University of Wisconsin-Extension, and Philip E. Harris, Department of Agricultural and Applied Economics, University of Wisconsin-Madison. The entire document can be found online at https://datcp.wi.gov/Documents/DAD/WI%20Ag%20Tourism%20Act%20Fact%20Sheet.pdf

COVID-19 Resources

UW Extension Responds to COVID-19 (Coronavirus)

Managing a Farm During COVID-19

Wisconsin COVID-19 Coronavirus Information

Wisconsin Department of Tourism
This page offers several resources we’ve gathered in one place to help your business, organization and employees navigate this incredibly difficult time.

Wisconsin Department of Health Services 

State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Coronavirus Information
The State of Wisconsin, including DATCP, continues to monitor the spread of COVID-19 in coordination with the Department of Health Services (DHS) Public Health and other local, state, and federal partners. As circumstances continue to evolve, this webpage will be continually updated.​

U.S. Small Business Administration
Health and government officials are working together to maintain the safety, security, and health of the American people. Small businesses are encouraged to do their part to keep their employees, customers, and themselves healthy.

Other Resources

Integrating Safety into Agritourism
As agritourism continues to grow in popularity, implementing safety strategies to help maximize fun and minimize liability is increasingly important. This website provides tools and resources that help farm owners keep visitors safe. Use these walkthroughs, checklists and resources to implement safety best practices. It’s easy and fun. 

Wisconsin Farm Center
The Wisconsin Farm Center provides information and support to farmers and their families in order to help grow Wisconsin’s agricultural economy. The Center partners with industry groups, government and educational entities, and other stakeholders in the agriculture sector.​

24/7 Farmer Wellness Hotline - 1-888-901-2558 - Free 24/7 support for farmers struggling with suicidal thoughts, depression, or anxiety.