SENATE BILL REPORT

SB 5117

BYSenators Barr, Hansen, Gaspard, Anderson, Bailey, Newhouse, Amondson and Benitz

Limiting liability of u-pick operations.

Senate Committee on Agriculture

Senate Hearing Date(s):January 24, 1989; February 7, 1989; February 16, 1989

Majority Report:  That Substitute Senate Bill No. 5117 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Gaspard, Hansen, Madsen, Newhouse.

Senate Staff:David Monthie (786-7198)

                  February 17, 1989

AS REPORTED BY COMMITTEE ON AGRICULTURE, FEBRUARY 16, 1989

BACKGROUND:

The practice of allowing purchasers of agricultural products to pick products at "u-pick" orchards or farms has become increasingly popular.  Concern has been expressed over the liability of the owner or operator for injuries incurred by any person entering the operation's land to pick and purchase the product, and the potential impact of such liability on the insurance costs.

SUMMARY:

No cause of action for personal injury will arise against an owner or possessor of land by a person who enters that property to pick and purchase agricultural or farm products for personal use.  The limitation does not apply to employees or contractors of the owner or person in possession.  The limitation also does not apply if the person's injuries were caused by a condition that involved an unreasonable risk of harm; the owner or person in possession knew or should have known of the condition or risk, but failed to correct it or warn the injured person; and the injured person did not know or have reason to know of the condition or risk.

"Agricultural or farm products" are defined as natural products of the farm, nursery, grove, orchard, vineyard, garden, and apiary, including, but not limited to, trees and firewood.

EFFECT OF PROPOSED SUBSTITUTE:

Apiaries are deleted as sources of farm products.  Language is added to clarify the bill's intention not to affect the rules of liability under the Tort Reform Act of 1986.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Duane Kaiser; Dennis Martin, Washington State Trial Lawyers Association; Mike Schwisow, Department of Agriculture; Bob Joy, Washington State Grange; Allen Scholz; Norval Johanson, Washington Strawberry Commission