Wine tasting in Virginia is a serious business!

[ibglowin]

In Virginia, wine tasting is not to be taken lightly. At each winery, you are greeted by the following sign........

 

[AlFulchino]

unfortunately that sign doesn't show section B

from this link below ( i have to assume it is up to date and factual but have no way of knowing) section B is the entry point for agro-toruist to sue and possibly win

http://www.nationalaglawcenter.org/assets/agritourism/virginia.pdf


STATE OF VIRGINIA
Current through End of 2008 Special Session II.
§ 3.2-6400. Definitions
As used in this chapter, unless the context requires a different meaning:
"Agricultural products" means any livestock, aquaculture, poultry, horticultural, floricultural,
viticulture, silvicultural, or other farm crops.
"Agritourism activity" means any activity carried out on a farm or ranch that allows members of
the general public, for recreational, entertainment, or educational purposes, to view or enjoy
rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own
activities, or natural activities and attractions. An activity is an agritourism activity whether or
not the participant paid to participate in the activity.
"Agritourism professional" means any person who is engaged in the business of providing one
or more agritourism activities, whether or not for compensation.
"Farm or ranch" means one or more areas of land used for the production, cultivation, growing,
harvesting or processing of agricultural products.
"Inherent risks of agritourism activity" mean those dangers or conditions that are an integral
part of an agritourism activity including certain hazards, including surface and subsurface
conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic
animals; and ordinary dangers of structures or equipment ordinarily used in farming and
ranching operations. Inherent risks of agritourism activity also include the potential of a
participant to act in a negligent manner that may contribute to injury to the participant or
others, including failing to follow instructions given by the agritourism professional or failing to
exercise reasonable caution while engaging in the agritourism activity.
"Participant" means any person, other than an agritourism professional, who engages in an
agritourism activity.
3.2-6401. Liability limited; liability actions prohibited
A. Except as provided in subsection B, an agritourism professional is not liable for injury to or
death of a participant resulting from the inherent risks of agritourism activities, so long as the
warning contained in § 3.2- 6402 is posted as required and, except as provided in subsection B,
no participant or participant's representative is authorized to maintain an action against or
recover from an agritourism professional for injury, loss, damage, or death of the participant
resulting exclusively from any of the inherent risks of agritourism activities; provided that in
any action for damages against an agritourism professional for agritourism activity, the
agritourism professional shall plead the affirmative defense of assumption of the risk of
agritourism activity by the participant.
B. Nothing in subsection A shall prevent or limit the liability of an agritourism professional if the
agritourism professional does any one or more of the following:
1. Commits an act or omission that constitutes negligence or willful or wanton disregard
for the safety of the participant, and that act or omission proximately causes injury,
damage, or death to the participant;
2. Has actual knowledge or reasonably should have known of a dangerous condition on
the land or in the facilities or equipment used in the activity, or the dangerous
propensity of a particular animal used in such activity and does not make the danger
known to the participant, and the danger proximately causes injury, damage, or death
to the participant; or
3. Intentionally injures the participant.
C. Any limitation on legal liability afforded by this section to an agritourism professional is in
addition to any other limitations of legal liability otherwise provided by law.
§ 3.2-6402. Warning required
A. Every agritourism professional shall post and maintain signs that contain the warning notice
specified in subsection B. The sign shall be placed in a clearly visible location at the entrance to
the agritourism location and at the site of the agritourism activity. The warning notice shall
consist of a sign in black letters, with each letter to be a minimum of one inch in height. Every
written contract entered into by an agritourism professional for the providing of professional
services, instruction, or the rental of equipment to a participant, whether or not the contract
involves agritourism activities on or off the location or at the site of the agritourism activity,
shall contain in clearly readable print the warning notice specified in subsection B.
B. The signs and contracts described in subsection A shall contain the following notice of
warning:
"WARNING: Under Virginia law, there is no liability for an injury to or death of a
participant in an agritourism activity conducted at this agritourism location if such injury
or death results from the inherent risks of the agritourism activity. Inherent risks of
agritourism activities include, among others, risks of injury inherent to land, equipment,
and animals, as well as the potential for you to act in a negligent manner that may
contribute to your injury or death. You are assuming the risk of participating in this
agritourism activity."
C. Failure to comply with the requirements concerning warning signs and notices provided in
this section shall prevent an agritourism professional from invoking the privileges of immunity
provided by this chapter.

 

[Bartman]

"B. Nothing in subsection A shall prevent or limit the liability of an agritourism professional if the agritourism professional does any one or more of the following:
1. Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant;"

So, does that mean if you (as as "agritourism professional") serve an "agritourist" some crappy wine, you could be liable for "negligence" even if you (kinda) liked it yourself?

And if you purposely serve some nasty junk to a hoity-toity wine snob, could that be "wanton disregard"?

(Disclosure: I am an attorney, and have represented some plaintiffs, but it's a messy, frustrating way to make a living)

 

[AlFulchino]

Hi Bart..glad to know your a lawyer and will be interested t hear your take...

Having been sued a couple of times during my 20+ years in one business i have some experience w these matters...not as much as you or others but experience nevertheless...thankfully we won each time...to me, as i read section B it essentially makes the sign shown in the picture to imply something that would be great for a farmer...i, myself, would post that sign just as it is because it appears to say to a visitor..'if you have a problem then it remains your problem and your alone no matter what'

but section b makes the entire law just like any other law regarding any consumer entering any public business....every member of the general public has every right to experience non-encumbering ingress and egress....travel on the business premises w/o any obstacles that would would not normally experience..and they have a right to purchase any untainted product and i could go on and on....section b clearly references that the owner of an agrotourism entity is responsible in a manner that all other business owners are responsible to their consumers

conclusion..the sign is great for impact...but in fact is more bark than bite
serving good wine or bad wine is subjective no court would go along w a suit on that...can you imagine the laughable testimony on the part of a plaintiff saying a certain wine scarred him or her for life

 

[Bartman]

Re: someone complaining that the swill you served them caused them "injury": I think I would argue that the "patron" assumed the risk of drinking some nasty 'wine' when they "negligently" picked that particular winery to visit. Especially if he came for a "free" tasting, without any intention of buying something.

Of course, if the wine actually kills the patron, then maybe the "agritourism professional" should probably consider making some changes - maybe a different varietal, or perhaps some more oak? Dying patrons has gotta be bad for business...

 

[AlFulchino]

i can see it now...as you walk in to the winery on its pathway...makeshift memorials like the ones we see on the highways sometimes after a death in a car accident......as Jeff Foxworthy might say...'here's your sign..." to turn around '

 

[Rocky]

Wow! There is so much information and knowledge on this board. I had no idea that therewas such a thing as "Agritourism" here in the States. We spent a month in Italyat an "Agriturismo" near Pienza in southern Tuscany and I thought this was an Italian invention. The Italian government subsidizes these farms as long as half of their income comes from the working farm.








Does anyone know of Agritourism in the States associated with winemaking? I am envisioning a farm or vineyard where the guests would help with the harvest and winemaking. I think that would be a great way to spend the first two weeks of October.