Giamarese Farm & Orchards
  • What's New
    • Specials
  • Our History
  • Farm Store
  • Pick-Your-Own
    • Apples
    • Christmas Trees
    • Pick Your Own Liability
  • Fall Harvest Weekends
  • Seasonal Hours
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  • Directions
  • Scrapbook
    • Recipes
    • Food Tips
  • School Trips at the Farm

New Jersey Pick-Your-Own Liability


The law in New Jersey addressing premises liability and the landowner duty of care that is usually present was essentially set aside in the case of the landowner who has a "pick your own" operation. On "agricultural or horticultural land" - which is defined in the law to be "orchards, nurseries or other land devoted to the production for sale of plants, crops, trees, forest products or other related commodities," the statute changes the duty of care that would usually be owed to a business invitee. This is usually the highest duty of care and would usually require the landowner to make sure the premises are free of defects and safe for the public as a whole. For this visitor, the landowner would usually have the obligation to repair any dangerous conditions on the property and to warn any business visitors of hidden defects.
In the case of the visitor who comes to the land to "pick your own," the statute changed that standard to encourage landowners to make this business available to visitors. The law provides immunity through the following provision:
Notwithstanding the provisions of any law to the contrary, an owner, lessee or occupant of agricultural or horticultural land shall not have a legal duty to protect a person who is invited onto the land for the purposes of picking or taking agricultural or horticultural products from the natural risks or hazards that are inherent characteristics of agricultural or horticultural land, and shall not be liable if such a person invited onto the land is injured because of any natural risks or hazards that are inherent characteristics of agricultural or horticultural land. N.J.S.A 2A:42A-10
The changes to the usual operation of premises liability were accomplished in New Jersey by statute.

Read More:
www.state.nj.us/agriculture/divisions/md/prog/agriculturaleconomic.html#10
No Pets Please!
For the safety of your pets as well as the safety of all of our customers (particularly small children), we do not allow pets on the farm. Thank you for understanding!

We do not grow Roundup Ready GMOs

Giamarese Farm & Orchards


A family-owned farm in East Brunswick, New Jersey since 1941 ~ Open May to December
Please arrive at least 90 minutes before closing for Pick‑Your‑Own
Spring, Summer, Fall Hours
​Open Tuesday-Sunday 
9am-6pm
Winter Hours
Open Tuesday-Sunday
9am-5pm
**Closed January through Mid-May**

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Farm Market
(732) 821-9494
Giamarese Farm & Orchards
155 Fresh Ponds Road
East Brunswick, NJ 08816
GPS: 40.429202, -74.451783
Giamarese Farm ©2014-2024 All Rights Reserved
  • What's New
    • Specials
  • Our History
  • Farm Store
  • Pick-Your-Own
    • Apples
    • Christmas Trees
    • Pick Your Own Liability
  • Fall Harvest Weekends
  • Seasonal Hours
  • Contact Us
  • Directions
  • Scrapbook
    • Recipes
    • Food Tips
  • School Trips at the Farm