December 14, 2009
For those of you who still in need of that perfect tree for Christmas; this blog’s for you.
There are a few things to keep in mind before you lace up your snow boots, head out into the frosty air and cut down your own Christmas tree. Aside from frostbite and squirrel attacks, you may be walking into less obvious dangers when you cut down your own tree. And what’s more concerning is that even if you are seriously injured you may have no recourse against the owner of the tree farm.
A recent Massachusetts case illustrates the dangers inherent in “pick your own” tree farms. In the case, a woman was seriously injured when she tripped over a stump that was covered in snow while she was out looking to cut down her own tree. The woman sued the owner of the Christmas tree farm for her injuries but the lower court denied her claims citing a Massachusetts statute. The statute does provides for limited liability for owners of “pick your own” Christmas tree farms, however what was most troubling about the trial court’s decision was that they said that the owner of the farm could avoid all liability even if they did not post a proper warning sign!
Fortunately, the appellate court overruled the trial court and found that in order for the owners of “pick your own” Christmas tree farms to avoid liability for injuries that are sustained by its customers; they must post a proper warning.
What this means for those of you who want a pick your own tree, is that you may be relinquishing your rights if you walk onto a Christmas tree lot. If you see this sign at the entrance of the lot:
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.
you are giving up your right to be compensated for injuries that you suffer on the lot. The warnings must be placed in a location visible to people entering the farm and the warning must appear on a sign in black letters of at least one inch in height.
The point here is that people need to be aware when their rights are being extinguished. So before you enter the Christmas tree lot this holiday season, remember to look for the sign.
Have a safe and happy holiday from Parker | Scheer LLP.
Parker Scheer LLP, a leading Boston personal injury law firm, has successfully represented numerous persons in personal injury matters. If you or someone you know has been injured as a result of the negligence of another, contact us seven days, toll free at 866-414-0400 or by email to info@parkerscheer.com
