Some of my summer has been spent creating lessons to accompany the solar eclipse event which will occur August 21, 2017. Over 200 Nebraska communities fall within path of totality, or the path of the shadow where observers will see the moon completely over the sun for roughly two and a half minutes. During the total solar eclipse, the moon’s umbral shadow will fly across the United States from Oregon to South Carolina, in a little over 90 minutes. This is the first eclipse through the contiguous United States since 1979, according to NASA records.
An eclipse will only occur in the same spot once every 375 years and we are fortunate to be in the area of totality. With thousands of tourists expected to visit Nebraska to visit the eclipse, I’ve heard of people as far from Japan and Sweden coming to our area to view this amazing event. There may even be a few rural landowners wanting to capitalize on this economic development opportunity. There are a few things that David Aiken, Extension Agricultural Law Specialist has pointed out to be aware. Landowners have legal protection against tourist personal injury liability if they do not charge a fee to campers or eclipse viewers. If they do charge a fee, they must meet 2015 Nebraska agritourism legal requirements in order to reduce their injury liability risk.
In short, if you are charging people to camp on your land, you could be liable of that person gets hurt. There are ways Nebraska landowners can obtain limited agritourism liability protection such as posting your property with the specified agritourism liability signs and include the same language in any agritourism activity contract like a camping lease. The landowner must also exercise reasonable care to guard against unusual dangers associated with the property, maintain the property, facilities and equipment, train and properly supervise any employees and comply with any related state or local legal requirements (i.e. capping an abandoned well). There are other legal options as detailed in a recent University of Nebraska news release, “Great Plains’ ecotourism initiative produces liability study”.
Aiken suggests contacting your insurance agent regarding whether your current liability insurance will cover any eclipse-related incidents. Your attorney can advise you regarding agritourism liability, agritourism leases, and agritourism liability waivers.
Views from VanDeWalle 