SF 152

as introduced - 89th Legislature (2015 - 2016) Posted on 02/06/2015 11:53am

A bill for an act
relating to civil liability; providing immunity from liability for certain agritourism Next
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] Previous AGRITOURISM Next ; 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) " Previous Agritourism Next 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
farming; viticulture; winemaking; ranching; and historical, cultural, farm stay, gleaning,
harvest-your-own, or natural activities and attractions. An activity is an Previous agritourism Next
activity whether or not the participant pays to participate in the activity.
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new text begin (d) " Previous Agritourism Next professional" means a person who is engaged in the business of
providing one or more Previous agritourism Next 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 Previous agritourism Next activity" mean dangers or conditions that are an
integral part of an Previous agritourism Next 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 Inherent risks of Previous agritourism Next activity also include the potential of a participant to act
in a negligent manner that may contribute to injury, damage, or death of the participant or
others, including failing to follow instructions given by an Previous agritourism Next professional or
failing to exercise reasonable care while engaging in the Previous agritourism Next activity.
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new text begin (g) "Participant" means a person, other than an Previous agritourism Next professional, who
engages in an Previous agritourism Next activity.
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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 paragraph (b), an Previous agritourism Next
professional is not liable for injury, damage, or death of a participant resulting from the
inherent risks of Previous agritourism Next activities.
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new text begin (b) Nothing in paragraph (a) prevents or limits the liability of an Previous agritourism Next
professional if the Previous agritourism Next professional:
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new text begin (1) commits an act or omission that constitutes gross 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, and does not make the danger known to the
participant, and the danger proximately causes injury, damage, or death of the participant; or
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new text begin (3) intentionally injures the participant.
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new text begin (c) Any limitation on liability afforded by this section to an Previous agritourism Next professional
is in addition to any other limitations of liability otherwise provided by law.
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new text begin Subd. 3. new text end

new text begin Posting notice. new text end

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

new text begin This section is effective the day following final enactment
and applies to actions arising from injury, damage, or death occurring on or after that date.
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