Mass. Gen. Laws » Part I Title XIX Chapter 128
Massachusetts General Laws

Mass. Gen. Laws ch. 128, § 2E (2026)

Agricultural harvesting or ''pick-your-own'' farming operations; liability of owners or operators

✓ current as of July 2026
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Section 2E. No owner, operator, or employee of a farm who allows any person to enter said farm for the purpose of agricultural harvesting, including the cutting of Christmas trees under a so-called ''pick-your-own'' agreement shall be liable for injuries or death to persons, or damage to property, resulting from the conduct of such operation in the absence of wilful, wanton, or reckless conduct on the part of said owner, operator, or employee.

Said owner or operator of said farm shall post and maintain signs which contain the warning notice specified herein. Such signs shall be placed in a location visible to persons allowed to enter said farm for the purpose of agricultural harvesting. The warning notice shall appear on a sign in black letters, with each letter to be a minimum of one inch in height and shall contain the following notice:

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.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2006–2025 · leading case: MacFadyen v. Maki, 876 N.E.2d 437 (Mass. App. Ct. 2007).
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MacFadyen v. Maki, 876 N.E.2d 437 (Mass. App. Ct. 2007). · cites it 4× “The defendant cited G. L. c. 128, § 2E, as an affirmative defense to the plaintiff’s claims of negligence *619 and gross negligence and filed a motion for summary judgment on all counts.”
Mohamed Kalae v. Honey Pot Hill Orchards, Inc. (Mass. App. Ct. 2025). · cites it 3× “"1 G. L. c. 128, § 2E. The plaintiff does not dispute that the defendant posted the signs required by the statute.”
McFadyen v. Maki, 21 Mass. L. Rptr. 251 (Mass. Super. Ct. 2006). · cites it 2× “Maki has cited G.L.c. 128, §2E as an affirmative defense to MacFadyen’s claims of negligence and gross negligence.”
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