1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/13/2015 05:10pm
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:
new text begin
(a) For the purposes of this section, the terms in
paragraphs (b) to (g) have the meanings given them.
new text end
new text begin
(b) "Agricultural products" means livestock, aquaculture, poultry, horticultural,
floricultural, viticultural, silvicultural, or other products of a farm or ranch.
new text end
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, 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
Previous
agritourism
Next
activity whether or not the participant pays to participate in the activity.
new text end
new text begin
(d) "
Previous
Agritourism
Next
professional" means a person who is engaged in providing one or
more
Previous
agritourism
Next
activities, whether or not for compensation.
new text end
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.
new text end
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:
new text end
new text begin
(1) natural hazards and conditions of land, vegetation, and waters including surface
and subsurface conditions;
new text end
new text begin
(2) the behavior of wild or domestic animals; and
new text end
new text begin
(3) ordinary dangers of structures or equipment ordinarily used in farming or
ranching operations.
new text end
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.
new text end
new text begin
(g) "Participant" means a person, other than an
Previous
agritourism
Next
professional, who
engages in an
Previous
agritourism
Next
activity.
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.
new text end
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:
new text end
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;
new text end
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;
new text end
new text begin
(3) intentionally injures the participant; or
new text end
new text begin
(4) fails to comply with the notice requirement of subdivision 3.
new text end
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.
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.
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.
new text end