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April 26, 2024 Clear | 36°F
The 193rd General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part I ADMINISTRATION OF THE GOVERNMENT
  3. Title XIX AGRICULTURE AND CONSERVATION
  4. Chapter 128 AGRICULTURE
  5. Section 2E Agricultural harvesting or ''pick-your-own'' farming operations; liability of owners or operators

Section 2E

Section 2E: Agricultural harvesting or ''pick-your-own'' farming operations; liability of owners or operators

Section 2E. No owner, operator, or employee of a farm who allows any person to enter said farm for the purpose of agricultural harvesting, including the cutting of Christmas trees under a so-called ''pick-your-own'' agreement shall be liable for injuries or death to persons, or damage to property, resulting from the conduct of such operation in the absence of wilful, wanton, or reckless conduct on the part of said owner, operator, or employee.

Said owner or operator of said farm shall post and maintain signs which contain the warning notice specified herein. Such signs shall be placed in a location visible to persons allowed to enter said farm for the purpose of agricultural harvesting. The warning notice shall appear on a sign in black letters, with each letter to be a minimum of one inch in height and shall contain the following notice:

WARNING

Under section 2E of chapter 128 of the General Laws the owner, operator, or any employees of this farm, shall not be liable for injury or death of persons, or damage to property, resulting out of the conduct of this ''pick-your-own'' harvesting activity in the absence of wilful, wanton, or reckless conduct.