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A 4249

Prohibits public utilities from using funds or being reimbursed by funds raised from ratepayers for certain activities

2025 Regular Session Introduced by Chris Burdick and 7 co-sponsors

Gives agritourism hosts limited liability for injuries from inherent risks if warnings are posted; exceptions include gross negligence, known dangers, or intentional harm.

PRINT NUMBER 4249A
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WeVote Research Nonpartisan
Bill Summary · A 4249

Summary — A4249 (Print No. 4249A)

Title: An Act limiting liability arising from agritourism activities
Status: Print Number 4249A (introduced May 2, 2024; most recent actions June 9, 2025)
Primary Sponsor: Michaelle C. Solages (with cosponsors)

Main purpose

To provide limited civil liability protection to owners/hosts of farms who invite the public to participate in agritourism activities, while preserving remedies for serious misconduct. The bill is intended to encourage farms to host agritourism by reducing exposure to routine liability tied to the inherent risks of those activities.

Key definitions (selected)

  • Agritourism activity: interactive or passive farm-related activities for education, entertainment, or recreation (examples: farming activities, pick‑your‑own, nature watching, viewing historical/cultural attractions, animal exhibitions at agricultural fairs). Excludes roadside farm stands or operations devoted exclusively to retail sales of merchandise/food.
  • Agritourism host: a person who provides facilities and equipment for an agritourism activity.
  • Farm: land and related structures/equipment producing agricultural products that qualifies for farmland assessment under the Farmland Assessment Act of 1964.
  • Inherent risk: dangers integral to agritourism (e.g., animal behavior, natural land/water conditions, weather, ordinary hazards of farm structures/equipment, and risks from participant conduct).

Key provisions

  • Liability limitation: An agritourism host has no legal duty to protect participants from inherent risks of agritourism activities and is not liable for injury or death resulting from those inherent risks — provided the host satisfies the bill’s warning requirements.
  • Exceptions (liability is not limited if the host):
    • Commits gross negligence that proximately causes injury or death;
    • Has actual knowledge of a dangerous condition (or dangerous propensity of a particular animal) that proximately causes injury and fails to disclose it;
    • Intentionally injures a participant; or
    • Commits willful/wanton misconduct, gross negligence, or criminal conduct that proximately causes injury or death.
  • Warning requirements:
    • Post a clearly visible sign at or near the main entrance to each agritourism activity site with the specified warning in black letters at least one inch high.
    • Include the same warning in clearly visible print in every written contract for goods/services related to the agritourism activity.
    • Warning text (excerpt): “WARNING: Under New Jersey law, an agritourism host is not liable for the injury or death of a participant in an agritourism activity resulting from the inherent risk… You are assuming the risk…”
    • Failure to comply with posting/contract notice requirements removes the bill’s liability protection for the host.
  • Relationship to other laws: The limitation is expressly in addition to existing limitations on liability for sport/recreational activities and certain animal-activity statutes (citations included in bill).
  • Repeal: Repeals P.L.1997, c.378 (C.2A:42A-9 et seq.).
  • Effective date: 90th day after enactment; applies only to agritourism activities occurring on or after the effective date.

Who is affected

  • Primary beneficiaries: farm owners, lessees, and occupants who host agritourism activities (reduced routine liability exposure if they post the required warning).
  • Participants/visitors: their ability to recover for injuries caused by inherent risks may be limited; however, recoveries remain for injuries caused by gross negligence, known undisclosed hazards, intentional or criminal acts.
  • Insurers and litigants: potential changes in claims patterns and liability exposure for agritourism-related incidents.

Legislative/timely status

  • Introduced in the Assembly (5/02/2024), referred to Assembly Commerce, Economic Development and Agriculture Committee.
  • Referred to Corporations, Authorities and Commissions (1/31/2025).
  • Amended and recommitted; printed as A4249A (6/09/2025).
  • Companion/related bills: S76, S1012; prior-session A7880.

Potential impacts (practical)

  • Encourages agritourism by lowering risk of routine liability, potentially increasing farm-based tourism and related revenue.
  • Places an affirmative obligation on hosts to give prominently posted and contractual warnings; failure to do so removes immunity.
  • Preserves legal remedies where the host’s conduct is grossly negligent, intentional, or criminal.

Compiled from official sources — confirm details with the bill’s official record.

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