Welcoming visitors to your farm—whether for a U-pick, farm stay, on-farm event, or educational experience—can be one of the most rewarding parts of agritourism. But with these opportunities also come risks.
Understanding Minnesota’s agritourism liability law and how to use signage and waivers appropriately can help ensure your guests’ safety and your own peace of mind.
Understanding Minnesota’s Agritourism Liability Law
Minnesota Statute 604A.40 offers limited liability protection to agritourism operators, but only if specific requirements are met.
Agritourism includes a wide range of farm- or ranch-based experiences where the public (paying or not) participates in rural activities for recreational, entertainment, charitable, or educational purposes.
Examples include:
- U-pick operations
- Farm stays
- Livestock or vineyard experiences
- Cultural tours, nature walks, or farm-based workshops
What the law covers
If the requirements are followed, the law says:
“An agritourism professional is not liable for injury, damage, or death of a participant resulting from the inherent risks of agritourism activities.”
Inherent risks include:
- Uneven terrain, natural hazards, or changing weather.
- Animal behavior (wild or domestic).
- Typical dangers of farm structures, equipment, or tools.
This protection applies whether or not guests pay for the experience.
What the law does not cover
Even with signage, the law does not protect you from claims involving:
- Negligence, such as failing to maintain safe conditions, supervise guest activities, or address known hazards.
- Failure to warn guests about known hazards.
- Alcohol-related incidents, such as injuries linked to alcohol service or sales.
Important: This law provides a defense in court, not full immunity. Guests can still sue, and you may need to prove you took proper steps.
Displaying agritourism liability signage is required
To qualify for protection under 604A.40, farms must post clearly visible warning signage where guests will see it.
Required language on signage – sample versions:
Example 1:
WARNING: Under Minnesota law, an agritourism professional is not liable for injury, damage, or death resulting from the inherent risks of agritourism activities.
Example 2:
NOTICE – Inherent risks of agritourism
Under Minnesota law, a provider of agritourism activities is not liable for injury, damage, or death resulting from inherent risks. Inherent risks include: natural hazards and conditions of land, water, and vegetation; behavior of wild, domestic, and farm animals; ordinary dangers of farm, ranch, processing, and other machinery, equipment, and structures; and other dangers integral to an agritourism activity.
Participants assume the inherent risks of agritourism activities.
Minn. Stat. 604A.40
Where to post signs:
- Main farm entrance
- Entry points to fields, barns, or animal areas
- Other high-traffic guest locations
Tip: Members of Minnesota Grown and Minnesota Farmers Union can request one free metal agritourism liability sign. Additional signs may be available for purchase.
Using liability waivers: a supplemental step
Some farms also choose to use liability waivers, which are documents guests sign acknowledging potential risks before participating in activities.
Waivers can help:
- Communicate risks clearly.
- Deter specific claims.
- Meet insurance policy recommendations (depending on your provider).
Waivers cannot:
- Eliminate someone’s right to sue.
- Guarantee legal protection.
- Replace safe practices or insurance coverage.
Caution: Waivers are especially limited when it comes to:
- Minors.
- Activities that resemble employment (e.g., harvesting).
- Alcohol-related events.
Always work with your insurance provider and attorney before using or drafting a waiver.
When waivers might make sense
Waivers are especially useful when guests are:
- Interacting with animals.
- Operating tools or equipment.
- Participating in higher-risk or physical activities (e.g., obstacle courses, horseback riding).
Best practices for risk management
Even with proper signage and optional waivers, strong farm safety practices are key.
Make safety a daily priority.
- Maintain up-to-date liability insurance tailored to your activities.
- Inspect public areas regularly for hazards.
- Use clear signage and verbal communication to warn guests.
- Use waivers thoughtfully and only when appropriate.
- Train staff on safety procedures and guest interaction.
- Keep records of incidents or safety checks when possible.
- Review your insurance coverage annually.
- Consult legal and insurance professionals with any questions.
By understanding your responsibilities under Minnesota law and taking proactive steps to manage risk, you can continue welcoming guests while protecting the farm you’ve worked hard to build.
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