SF 343

Introduction - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to civil liability; modifying provisions 
  1.3             dealing with immunity from liability for livestock 
  1.4             activities; amending Minnesota Statutes 1996, section 
  1.5             604A.12. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 604A.12, is 
  1.8   amended to read: 
  1.9      604A.12 [LIVESTOCK ACTIVITIES; IMMUNITY FROM LIABILITY.] 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.11  section, the following terms have the meanings given them. 
  1.12     (b) "Inherent risks of livestock activities" means dangers 
  1.13  or conditions that are an integral part of livestock activities, 
  1.14  including: 
  1.15     (1) the propensity of livestock to behave in ways that may 
  1.16  result in death or injury to persons on or around them, such as 
  1.17  kicking, biting, or bucking; 
  1.18     (2) the unpredictability of livestock's reaction to things 
  1.19  like sound, sudden movement, unfamiliar objects, persons, or 
  1.20  other animals; 
  1.21     (3) natural hazards such as surface or subsurface 
  1.22  conditions; or 
  1.23     (4) collisions with other livestock or objects. 
  1.24     (c) "Livestock" means cattle, sheep, swine, horses, ponies, 
  1.25  donkeys, mules, hinnies, goats, buffalo, llamas, or poultry. 
  2.1      (d) "Livestock activity" means an activity involving the 
  2.2   maintenance or use of livestock, regardless of whether the 
  2.3   activity is open to the general public, provided the activity is 
  2.4   not performed for profit.  Livestock activity includes: 
  2.5      (1) livestock production; 
  2.6      (2) loading, unloading, or transporting livestock; 
  2.7      (3) livestock shows, fairs, competitions, performances, 
  2.8   races, rodeos, or parades; 
  2.9      (4) livestock training or teaching activities; 
  2.10     (5) boarding, shoeing, or grooming livestock; or 
  2.11     (6) riding or inspecting livestock or livestock equipment. 
  2.12     (e) "Livestock activity sponsor" means a person who 
  2.13  sponsors, organizes, or provides the facilities for a livestock 
  2.14  activity that is open to the general public. 
  2.15     (f) "Participant" means a person who directly and 
  2.16  intentionally engages in a livestock activity.  Participant does 
  2.17  not include a spectator who is in an authorized area. 
  2.18     Subd. 2.  [IMMUNITY FROM LIABILITY.] Except as provided in 
  2.19  subdivision 3, a nonprofit corporation, association, or 
  2.20  organization, or a person or other entity donating services, 
  2.21  livestock, facilities, or equipment for the use of a nonprofit 
  2.22  corporation, association, or organization, person is not liable 
  2.23  for the death of or an injury to a participant resulting from 
  2.24  the inherent risks of livestock activities. 
  2.25     Subd. 3.  [EXCEPTIONS.] Subdivision 2 does not apply if any 
  2.26  of the following exist: 
  2.27     (1) the person provided livestock for the participant and 
  2.28  failed to make reasonable efforts to determine the ability of 
  2.29  the participant to safely engage in the livestock activity or to 
  2.30  determine the ability of the participant to safely manage the 
  2.31  particular livestock based on the participant's representations 
  2.32  of the participant's ability; 
  2.33     (2) the person provided equipment or tack for the livestock 
  2.34  and knew or should have known that it was faulty to the extent 
  2.35  that it caused the injury or death; 
  2.36     (3) the person owns or leases the land upon which a 
  3.1   participant was injured or died because of a human-made 
  3.2   dangerous latent condition and failed to use reasonable care to 
  3.3   protect the participant; 
  3.4      (4) the person is a livestock activity sponsor and fails to 
  3.5   comply with the notice requirement of subdivision 4; or 
  3.6      (5) the act or omission of the person was willful or 
  3.7   grossly negligent. 
  3.8      Subd. 4.  [POSTING NOTICE.] A livestock activity sponsor 
  3.9   shall post plainly visible signs at one or more prominent 
  3.10  locations in the premises where the livestock activity takes 
  3.11  place that include a warning of the inherent risks of livestock 
  3.12  activity and the limitation of liability under this section.