The agritourism warning at a Louisiana farm attraction can affect an injury claim, but the sign is only one part of the analysis. The attraction must qualify under the statute, the activity must fall within an approved plan, and the injury must result exclusively from an inherent agritourism risk. Exceptions preserve certain claims even at a qualifying operation.
What is agritourism under Louisiana law?
Louisiana Revised Statutes 9:2795.5 defines agritourism as a public visit to a working farm, ranch, or commercial agricultural, aquacultural, horticultural, or forestry operation for enjoyment, education, or participation in the operation’s activities.
A seasonal attraction does not qualify merely because it uses pumpkins, hay bales, or farm decorations. The statute ties agritourism to a working operation and a regulated activity.
Does every corn maze or pumpkin patch qualify?
No. The statute defines an “agritourism activity” as one recognized in rules adopted by the commissioner of agriculture and forestry and included in a plan of operation approved by the director of the LSU Agricultural Center’s Cooperative Extension Service or a designee.
That means a defendant asserting agritourism protection should be able to identify the approved plan and show that the injury-producing activity fits it. A separate amusement added to a farm site may require a different analysis.
What are inherent agritourism risks?
The law lists conditions and hazards integral to agritourism, including:
- Surface and subsurface conditions of land and water.
- Natural vegetation conditions.
- Behavior of wild or domestic animals.
- Structures and equipment ordinarily used on a working agricultural operation.
- A participant’s mistakes or negligent acts, including failure to follow instructions or use reasonable caution.
Uneven farm ground may be an inherent risk. A concealed structural failure that the operator knew about can be something very different. The cause, not the attraction’s label, drives the analysis.
When can an agritourism operator still be liable?
Willful or wanton disregard for safety
The statute does not protect an act or omission showing willful or wanton disregard for a participant’s safety when it causes injury, damage, or death. Evidence of repeated ignored complaints, a known severe hazard, or deliberate rule violations can be important.
Intentional injury
An operator cannot use the agritourism statute to avoid responsibility for intentionally injuring a participant.
A dangerous latent condition without a warning
Liability can remain when the operator controls the land or facility, the participant is hurt because of a dangerous latent condition the operator knew or should have known about, and conspicuous warning signs were not posted. The law specifically says that a particular animal’s dangerous propensity can be such a condition.
Products liability
The statute preserves claims under the Louisiana Products Liability Act. A defective manufactured ride component, tool, restraint, or other product may be analyzed separately.
What does the agritourism warning sign mean?
A qualifying agritourism professional must post and maintain the statutory warning in a clearly visible location at both the entrance to the agritourism location and the site of the activity. The warning must use black letters at least one inch high.
Written contracts for services, instruction, or equipment rental must contain the warning in clearly readable print. The notice explains that there is no liability for injury or death resulting from inherent agritourism risks and that the participant assumes those risks.
If the operator fails to comply with the sign and notice requirements, the statute says the operator cannot invoke its limitation of liability. A single sign hidden behind a ticket booth may not satisfy the requirement for visible notices at the entrance and activity site.
What if the visitor did not pay?
A participant can fall within the statute even if no admission fee was paid. A complimentary school tour, invited guest, or free festival visitor can still be a participant in a qualifying activity.
Conditions that deserve a closer look
- A child is bitten by an animal with a known history of aggressive behavior.
- A maze exit is blocked and emergency access was not maintained.
- A hayride trailer has a failed hitch, wheel, or seating component.
- A participant falls through a concealed, rotten platform.
- A visitor is struck by an employee operating equipment outside the planned activity.
- Food sold at the event is contaminated or unwholesome.
These situations require evidence about the approved plan, warnings, maintenance, training, and earlier incidents. Calling the event a farm attraction does not resolve those questions.
What evidence should be collected?
- Photographs of the hazard, entrance sign, activity-site sign, lighting, and sight lines.
- Tickets, wristbands, waivers, online terms, maps, and advertising.
- The exact attraction name and the operator’s legal business name.
- Witness names, employee statements, and video sources.
- Animal, equipment, maintenance, inspection, and incident records.
- Information identifying the approved agritourism plan and covered activity.
Report the incident, but avoid signing a broad statement prepared by an insurer while injured or medicated. Ask that video and physical evidence be preserved. The records described in our Louisiana injury-claim filing guide can help organize the claim while the operator’s statutory defense is investigated. Louisiana deadlines vary with the claim and can expire while the parties debate whether the statute applies.
When an unsafe property condition is part of the claim, our Baton Rouge premises liability guide explains the notice, control, and preservation issues. Our article on injury claims involving hazards at Louisiana businesses covers related proof questions.
Food sold at the event
A foodborne-illness claim may involve sanitary rules, preparation practices, supplier evidence, and causation outside the inherent risks protected by the agritourism statute.
Seriously hurt at a Louisiana farm attraction?
Seasonal sites change quickly after an incident. We can help preserve the scene, identify the approved activity and operator, and evaluate whether the statutory defense actually applies.
Contact Babcock Injury Lawyers or call (225) 500-5000.
Editorial & Legal Accuracy Notice (Louisiana)
Sources checked: September 26, 2026.
This article is general information, not legal advice. Whether Louisiana’s agritourism statute applies depends on the operation, approved plan, activity, warnings, cause of injury, and the defendant’s conduct. Other premises, product, food-safety, vehicle, animal, and insurance rules may also apply.