Background
Amanda Miguel Collado Laguna fractured her right ankle after her feet struck the ground while she was using a slide in the children’s playground at The Berry Farm’s 2021 Harvest Festival. She sued the farm for negligence, alleging that it failed to maintain the premises, warn of dangerous conditions, implement proper safety protocols, and operate the slide safely.
The Berry Farm asserted immunity under Florida’s agritourism statutes and moved for summary judgment. Its owner submitted an affidavit stating that the statutory warning signs were posted at the entrance and near the playground. Collado countered with testimony that the warning signs were not present on the day of her injury, photographs dated months after the accident, and social-media images. The trial court found the farm’s evidence unrebutted, granted summary judgment, and entered final judgment for the farm.
The Court’s Holding
The Third District reversed. Because The Berry Farm invoked agritourism immunity as an affirmative defense, it bore the burden of establishing its entitlement to that protection, including compliance with the statutory requirement to post and maintain the prescribed notice at the entrance and at the activity site.
Collado’s testimony that warning signs were absent and “nowhere inside” the farm created a genuine dispute of material fact. A jury could credit her testimony over the owner’s account, and the farm’s photographs did not conclusively contradict her because two were dated eight months after the incident and the location of a third was unclear. The trial court therefore improperly weighed credibility at summary judgment. The appellate court reversed and remanded for further proceedings without deciding whether Collado’s injury resulted from an inherent risk of an agritourism activity.
Key Takeaways
- An agritourism operator relying on statutory immunity must establish compliance with Florida’s prescribed warning-sign requirements.
- A plaintiff’s direct testimony that required signs were absent can create a triable factual dispute even when the operator presents contrary affidavit testimony.
- Judges may not resolve witness credibility or weigh competing evidence at summary judgment.
Why It Matters
The decision underscores that Florida’s agritourism immunity depends on compliance with statutory notice requirements. Operators seeking summary judgment must present evidence that conclusively establishes the required signs were properly posted and maintained when the injury occurred.
The ruling does not determine whether the slide injury arose from an inherent risk of agritourism or whether The Berry Farm ultimately qualifies for immunity. Those questions remain for further proceedings after remand.