Utah Agritourism Injury Claims: Corn Mazes, Hayrides, and Farm Activity Liability
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah Code § 78B-4-512, an agritourism operator — someone who owns, manages, or provides an activity at a farm, ranch, or other agricultural enterprise open to the public for entertainment, recreation, or education — is not liable for an injury, illness, death, or damage to personal property of a participant that results from an inherent risk of the activity if the operator posts and maintains the required warning sign. The protection doesn't apply if the operator acted with gross negligence or willful or wanton disregard, knew or should have known of a dangerous condition on the land, facilities, or equipment, knew of an animal's dangerous propensity and didn't tell participants, or intentionally injured the participant. It also doesn't limit product liability or negate assumption of risk as an affirmative defense.
Who this guide is for
Visitors hurt at Utah pumpkin patches, corn mazes, hayrides, petting zoos, u-pick farms, and farm events — and the farms that host them.
Who and what is covered
The statute defines agritourism as combining agricultural production with tourism to attract the public to an agricultural enterprise, and an agritourism activity as an activity a participant engages in or observes for recreation, education, or entertainment. A participant is anyone other than an operator who engages in or observes the activity, whether or not they pay.
Inherent risks include:
- surface and subsurface conditions of land, vegetation, or water;
- unpredictable behavior of domesticated or farm animals;
- reasonable dangers of structures or equipment ordinarily used on a farm;
- behavior of insects or wildlife not owned by the operator;
- exposure to pathogens from animals, feed, or waste; and
- negligent behavior by someone other than the operator.
An operator isn't required to eliminate an inherent risk.
The sign requirement
To get the protection, the operator must post and maintain a sign at each entrance to the property or at each activity location, printed in black letters at least one inch high on a white background, with the statutory warning language that Utah law shields operators from liability for injuries that primarily result from the inherent risks of the activity or a participant's failure to follow instructions or exercise reasonable caution, and that the participant assumes the risk. A missing or noncompliant sign is something to examine closely — the protection is conditioned on it.
Exceptions that keep claims alive
An operator remains liable if it:
| Exception | Example |
|---|---|
| Gross negligence or willful or wanton disregard | Running a hayride with an obviously unsafe tractor or no supervision |
| Actual or constructive knowledge of a dangerous condition on land, facilities, or equipment that causes the injury | A rotten loft floor, a broken ride, an unguarded pit |
| Knowledge of an animal's dangerous propensity without telling participants | A known biting animal in a petting area |
| Intentional injury | — |
Product liability claims against manufacturers or sellers aren't limited. See Utah's Product Liability Claims. The statute also doesn't take away the defense of assumption of risk.
Other laws that may apply
- Livestock and equine activities have their own rules. See Utah Horse and Livestock Injury Claims.
- Dog and animal bites by animals kept on a farm. See Utah Dog Bite Liability.
- Premises liability for ordinary hazards not tied to the activity's inherent risks. See Utah Slip and Fall and Premises Liability Claims.
- Recreational land use protections may apply where land is open for free. See Utah's Limited Liability for Recreational Land.
After a farm-activity injury
- Photograph the sign (or note its absence), the area, equipment, and any animals.
- Report the injury to the operator and get their insurer's name.
- Get witness names and keep tickets or receipts.
- Seek medical care and keep records.
- Don't assume the sign ends your claim — the exceptions matter.
Frequently asked questions
Can I sue a pumpkin patch if my child is hurt on a hayride?
Possibly, if an exception applies, such as a known dangerous condition, gross negligence, or defective equipment. The operator is shielded from inherent-risk claims only if the required sign is posted.
What if the sign isn't posted?
The statute conditions the protection on posting the sign.
Does the law protect farms from all lawsuits?
No; the listed exceptions and product liability claims remain.
Does it apply to people who aren't paying?
Yes. A participant includes anyone who engages in or observes the activity whether or not they pay.