Oregon mom sues family-run pumpkin patch for $2.2M after she slipped

A well-known family-owned farm in Oregon is facing a $2.2 million lawsuit after a mother allegedly slipped and suffered multiple broken bones while her child was using a zipline attraction.

Paige Jean Smith brought the case in Oregon Circuit Court in August, claiming Red Berry Barn was liable for serious injuries she says she sustained during a fall visit to the farm two autumns ago.

According to the lawsuit, Smith was assisting her child onto the farm’s zipline on October 20, 2024, when she was instructed to leave the elevated platform by walking down a sloped exit area.

“At that time and place, the sloped egress was muddy, slippery, and/or otherwise unsafe for patrons to use as a means of exiting the raised platform,” the complaint alleged.

While making her way down the incline, Smith fell and fractured her tibia, fibula and ankle, according to the filing.

She also claims the fall led to chronic ankle pain, arthritis and injuries to her upper body.

The lawsuit details a wider list of alleged injuries, including depression, post-traumatic mental distress, deformity of her right lower limb, hypersensitivity and an ongoing burning sensation around the injured ankle.

Smith’s attorneys said she required surgery and was incapacitated after the incident, and they argue she is now more vulnerable to reinjury in the affected area and faces an increased risk of arthritis.

The Red Berry Barn in Sherwood, Oregon has been hit with a negligence lawsuit after a mom allegedly fell down a slope and broke multiple bones

The Red Berry Barn in Sherwood, Oregon has been hit with a negligence lawsuit after a mom allegedly fell down a slope and broke multiple bones 

The lawsuit claimed that Paige Jean Smith exited the platform after her child went on the zipline and fell down the muddy slope, pictured above

The lawsuit claimed that Paige Jean Smith exited the platform after her child went on the zipline and fell down the muddy slope, pictured above 

Smith allegedly suffered a slew of injuries from the fall, including depression, post-traumatic mental distress, deformity of her right lower limb, hypersensitivity and a persistent burning sensation on her injured ankle

Smith allegedly suffered a slew of injuries from the fall, including depression, post-traumatic mental distress, deformity of her right lower limb, hypersensitivity and a persistent burning sensation on her injured ankle 

The lawsuit accused Red Berry Barn of negligence, arguing that the zipline ride was ‘not necessary’ for their pumpkin patch and had no agricultural purpose.  

The farm was also accused of failing to adequately instruct patrons on zipline safety and of creating an unreasonable risk of falling. 

Smith’s lawyers argued that the farm’s owners knew the zipline ride was unsafe and were negligent in caring for their patrons. 

They are seeking $2 million in damages, which includes $155,000 for past medical expenses and $50,000 for future expenses. 

The farm’s owners, Aaron and Erika Wilcott, have been named as defendants in the suit. 

Red Berry Barn’s website states that the couple both come from agricultural backgrounds and are the parents of three young boys. Erika is a sixth-generation farmer, and Aaron grew up in the Sherwood area.  

‘They work together to make Red Berry Barn a place the whole family can enjoy,’ their website states.

The lawsuit accuses the farm of having a zipline structure that was 'not necessary'

The lawsuit accuses the farm of having a zipline structure that was ‘not necessary’ 

The farm hosts a Harvest Festival every season, running from September 19 until October 31. 

General admission to the festival includes access to their mega slide, zip lines, tube slides, bounce pumpkin and climbing rope tower.  

The court docket does not yet list an attorney for the couple, and they have not responded to the allegations in the lawsuit. 

Our News Outlet has reached out to Smith’s representation and Red Berry Barn for comment. 

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