HF 625

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/21/2011 03:10pm

A bill for an act
relating to civil law; regulating liability for certain livestock activities; amending
Minnesota Statutes 2010, section 604A.12.

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

Section 1.

Minnesota Statutes 2010, section 604A.12, is amended to read:

604A.12 LIVESTOCK ACTIVITIES; IMMUNITY FROM LIABILITY.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms
have the meanings given them.

(b) "Inherent risks of livestock activities" means dangers or conditions that are an
integral part of livestock activities, including:

(1) the propensity of livestock to behave in ways that may result in death or injury to
persons on or around them, such as kicking, biting, deleted text begin or deleted text end bucking new text begin , or charging new text end ;

(2) the unpredictability of livestock's reaction to things like sound, sudden
movement, unfamiliar objects, persons, or other animals;

(3) natural hazards such as surface or subsurface conditions; or

(4) collisions with other livestock or objects.

(c) "Livestock" means cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies,
goats, buffalo, llamas, or poultry.

(d) "Livestock activity" means an activity involving the maintenance or use of
livestock, regardless of whether the activity is open to the general public, new text begin and, except in
the case of livestock grazing under clause (7), new text end provided the activity is not performed for
profit. Livestock activity includes:

(1) livestock production;

(2) loading, unloading, or transporting livestock;

(3) livestock shows, fairs, competitions, performances, races, rodeos, or parades;

(4) livestock training or teaching activities;

(5) boarding, shoeing, or grooming livestock; deleted text begin or
deleted text end

(6) riding or inspecting livestock or livestock equipment new text begin ; or
new text end

new text begin (7) the use of state property for livestock grazing, pursuant to an agreement with the
commissioner of natural resources new text end .

(e) "Livestock activity sponsor" means a person who sponsors, organizes, or
provides the facilities for a livestock activity that is open to the general public.

(f) "Participant" means a person who directly and intentionally engages in a livestock
activity. Participant does not include a spectator who is in an authorized area.

Subd. 2.

Immunity from liability new text begin ; livestock events new text end .

deleted text begin Except as provided in
subdivision 3, deleted text end A nonprofit corporation, association, or organization, or a person or other
entity donating services, livestock, facilities, or equipment for the use of a nonprofit
corporation, association, or organization, is not liable for the death of or an injury to a
participant resulting from the inherent risks of livestock activities.

Subd. 3.

Exceptions new text begin ; livestock events new text end .

Subdivision 2 does not apply if any of
the following exist:

(1) the person provided livestock for the participant and failed to make reasonable
efforts to determine the ability of the participant to safely engage in the livestock activity
or to determine the ability of the participant to safely manage the particular livestock
based on the participant's representations of the participant's ability;

(2) the person provided equipment or tack for the livestock and knew or should have
known that it was faulty to the extent that it caused the injury or death;

(3) the person owns or leases the land upon which a participant was injured or died
because of a human-made dangerous latent condition and failed to use reasonable care
to protect the participant;

(4) the person is a livestock activity sponsor and fails to comply with the notice
requirement of subdivision 4; or

(5) the act or omission of the person was willful or negligent.

new text begin Subd. 3a. new text end

new text begin Immunity from liability; grazing on public lands. new text end

new text begin (a) Any person
or entity grazing livestock on state lands under an agreement with the commissioner
of natural resources is not liable for damage to property or the death of or an injury to
a person due to the inherent risks of livestock activities.
new text end

new text begin (b) This subdivision does not apply if the person or entity grazing the livestock:
new text end

new text begin (1) fails to exercise reasonable care in using the land for grazing or in managing
the livestock; or
new text end

new text begin (2) maintains a condition in material violation of an agreement with the
commissioner of natural resources for use of the land, and the condition contributed
to the damage, death, or injury.
new text end

Subd. 4.

Posting notice.

new text begin (a) new text end A livestock activity sponsor shall post plainly visible
signs at one or more prominent locations in the premises where the livestock activity takes
place that include a warning of the inherent risks of livestock activity and the limitation of
liability under this section.

new text begin (b) The commissioner of natural resources shall post plainly visible signs at one or
more prominent locations on any state property being used for grazing purposes pursuant
to an agreement with the commissioner. The signs shall include a warning of the inherent
risks of livestock activity, and the limitations of liability provided in this section and
any other applicable law.
new text end

new text begin EFFECTIVE DATE; APPLICABILITY. new text end

new text begin This section is effective the day
following final enactment and applies to causes of action arising on or after that date. The
commissioner shall post notice as required by subdivision 4 on any property subject to a
livestock grazing agreement on the effective date of this section within 60 days of that date.
new text end