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SF 2233

as introduced - 87th Legislature (2011 - 2012) Posted on 03/06/2012 09:16am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to civil liability; creating immunity for 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.
new text end

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 (h) have the meanings given them.
new text end

new text begin (b) "Agricultural products" means any livestock, aquaculture, poultry, horticultural,
floricultural, viticultural, silvicultural, or other products of a farm or ranch.
new text end

new text begin (c) "Agritourism activity" means any 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,
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.
new text end

new text begin (d) "Agritourism professional" means any person who is engaged in the business of
providing one or more agritourism 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) "Farm stay" means to stay on a farm or ranch as a paying guest in order to
experience farm, ranch, or rural life.
new text end

new text begin (g) "Inherent risks of agritourism activity" mean dangers or conditions that are an
integral part of an agritourism 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 agritourism 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 agritourism professional or
failing to exercise reasonable care while engaging in the agritourism activity.
new text end

new text begin (h) "Participant" means any person, other than an agritourism professional, who
engages in an agritourism activity.
new text end

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 agritourism
professional is not liable for injury, damage, or death of a participant resulting from the
inherent risks of agritourism activities. In any action for damages against an agritourism
professional for an agritourism activity, the agritourism professional may plead the
affirmative defense of secondary assumption of the risk of the agritourism activity by
the participant.
new text end

new text begin (b) Nothing in paragraph (a) prevents or limits the liability of an agritourism
professional if the agritourism professional:
new text end

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;
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; or
new text end

new text begin (3) intentionally injures the participant.
new text end

new text begin (c) Any limitation on liability afforded by this section to an agritourism professional
is in addition to any other limitations of liability otherwise provided by law.
new text end

new text begin Subd. 3. new text end

new text begin Optional warning notice. new text end

new text begin (a) An agritourism professional may post and
maintain signs that contain the warning notice specified in paragraph (b). A sign may be
placed in a clearly visible location at the entrance to the agritourism location and at the site
of the agritourism activity. The warning notice may be printed in black letters with each
letter a minimum of one inch in height. A written contract entered into by an agritourism
professional to provide professional services, instruction, or the rental of equipment to
a participant, whether or not the contract involves agritourism activities on or off the
location or at the site of the agritourism activity, may contain in clearly readable print the
warning notice specified in paragraph (b).
new text end

new text begin (b) A sign or contract may contain the following notice: "WARNING: Under
Minnesota law, there is no liability for an injury to or death of a participant in an
agritourism activity conducted at this agritourism location if such injury or death results
from the inherent risks of the agritourism activity. Inherent risks of agritourism activities
include, among others, risks of injury inherent to land, equipment, and animals, as well as
the potential for you to act in a negligent manner that may contribute to your injury or
death. You are assuming the risk of participating in this agritourism activity."
new text end

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.
new text end