HF 216

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/25/2015 02:34pm

A bill for an act
relating to civil liability; providing immunity from liability for certain agritourism
activities; proposing coding for new law in Minnesota Statutes, chapter 604A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604A.40] AGRITOURISM; IMMUNITY FROM LIABILITY.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in
paragraphs (b) to (g) have the meanings given them.
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new text begin (b) "Agricultural products" means livestock, aquaculture, poultry, horticultural,
floricultural, viticultural, silvicultural, or other products of a farm or ranch.
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new text begin (c) "Agritourism activity" means activity carried out on a farm or ranch that allows
organizations or members of the general public, for recreational, entertainment, charitable,
or educational purposes, to view, enjoy, or participate in rural activities, including, but
not limited to: farming; viticulture; winemaking; ranching; and historical, cultural, farm
stay, gleaning, harvest-your-own, or natural activities and attractions. An activity is an
agritourism activity whether or not the participant pays to participate in the activity.
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new text begin (d) "Agritourism professional" means a person who is engaged in providing one or
more agritourism activities, whether or not for compensation.
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new text begin (e) "Farm or ranch" means one or more areas of land used for the production,
cultivation, growing, harvesting, or processing of agricultural products.
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new text begin (f) "Inherent risks of agritourism activity" mean dangers or conditions that are an
integral part of an agritourism activity including but not limited to:
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new text begin (1) natural hazards and conditions of land, vegetation, and waters including surface
and subsurface conditions;
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new text begin (2) the behavior of wild or domestic animals; and
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new text begin (3) ordinary dangers of structures or equipment ordinarily used in farming or
ranching operations.
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new text begin (g) "Participant" means a person, other than an agritourism professional, who
engages in an agritourism activity and who has the capacity to understand the inherent
risks of agricultural tourism.
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new text begin Subd. 2. new text end

new text begin Liability limited. new text end

new text begin (a) Except as provided in paragraphs (b) and (c), an
agritourism professional is not liable for injury, damage, or death of a participant resulting
from the inherent risks of agritourism activities.
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new text begin (b) Nothing in paragraph (a) prevents or limits the liability of an agritourism
professional if the agritourism professional:
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new text begin (1) commits an act or omission that constitutes negligence or willful or wanton
disregard for the safety of the participant, and that act or omission proximately causes
injury, damage, or death of the participant;
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new text begin (2) has actual knowledge or reasonably should have known of a dangerous condition
on the land or in the facilities or equipment used in the activity, or the dangerous
propensity of a particular animal used in such activity;
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new text begin (3) intentionally injures the participant; or
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new text begin (4) fails to comply with the notice requirement of subdivision 3.
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new text begin (c) Nothing in paragraph (a) affects a claim under chapter 340A, or a claim arising
out of the sale or use of alcohol at an agritourism facility.
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new text begin Subd. 3. new text end

new text begin Posting notice. new text end

new text begin An agritourism professional shall post plainly visible signs
at one or more prominent locations in the premises where the agritourism activity takes
place that include a warning of the inherent risks of agritourism activity.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
actions arising from incidents occurring on or after that date.
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