Bill Text: CA SB1479 | 2023-2024 | Regular Session | Introduced

California Senate Bill 1479

Introduced

Bill Title: California Agritourism Promotion Act: agritourism civil liability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-29 - Referred to Com. on JUD. [SB1479 Detail]

Download: California-2023-SB1479-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1479

Introduced by Senator Alvarado-Gil

February 16, 2024

An act to add Title 23 (commencing with Section 3273.70) to Part 4 of Division 3 of the Civil Code, relating to agriculture.

LEGISLATIVE COUNSEL'S DIGEST

SB 1479, as introduced, Alvarado-Gil. California Agritourism Promotion Act: agritourism civil liability.

Existing law provides for the direct marketing of agricultural products, including through certified farmers’ markets.

Existing law generally provides that everyone is responsible, not only for the result of their willful acts, but also for an injury occasioned to another by that person’s want of ordinary care or skill in the management of their property or person, except as specified.

This bill would enact the California Agritourism Promotion Act and would define “agritourism activity” as an activity carried out on a farm, ranch, or other rural land whose primary business activity is agriculture or ranching and that allows members of the general public to view, enjoy, and participate in rural activities, as provided. The bill would require an agritourism professional to include a warning notice on signs at the agritourism location and in certain contracts, as specified. The bill would exempt an agritourism professional from civil liability for injury, loss, damage, or death of a participant of an agritourism activity resulting exclusively from an inherent risk of agritourism activity, as defined, unless the agritourism professional fails to include the warning notice in the above-mentioned signs or contracts, commits an act or omission that is grossly negligent or constitutes willful or wanton disregard for the safety of a participant, has actual knowledge or reasonably should have known of an existing dangerous condition on the land, facilities, or equipment and does not make the danger known to a participant, or knowingly permits participants to use facilities or engage in agritourism activities while under the influence of alcohol or drugs. The bill would require the agritourism professional to plead the affirmative defense of assumption of the risk of agritourism activity in order to invoke this privilege of immunity.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Title 23 (commencing with Section 3273.70) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 23. The California Agritourism Promotion Act

3273.70.

This title shall be known, and may be cited, as the California Agritourism Promotion Act.

3273.71.

The purposes of the California Agritourism Promotion Act are all of the following:

(a) To promote tourism and rural economic development by encouraging owners of farms, ranches, and other rural land, including agricultural, historical, ecological, cultural, and natural attractions, to allow access to members of the public for educational, entertainment, and recreational purposes.

(b) To promote a better understanding by visitors of agricultural operations and features, including the production of livestock and agricultural products, the land and other natural and traditional attributes, and wildlife.

(c) To encourage agritourism activities and improve the economic viability of farms and ranches by limiting civil liability of owners of farms, ranches, and other rural land.

3273.72.

For purposes of this title, the following definitions apply, unless the context otherwise requires:

(a) “Agritourism activity” means an activity carried out on a farm, ranch, or other rural land whose primary business activity is agriculture or ranching and that allows members of the general public, for recreational, entertainment, or educational purposes, to view, enjoy, and participate in rural activities, including, but not limited to, farming, ranching, historic, cultural, and onsite educational programs, recreational farming activities, onsite hospitality services, guided and self-guided tours, petting zoos, farm festivals, seasonal attractions such as corn mazes, haunted houses, and play structures reminiscent of activities engaged in by farming children, harvest-your-own operations, hayrides, barn parties, horseback or pony riding, fishing, camping, and themed rides operated in accordance with manufacturer safety standards and applicable state and federal laws. An activity is an agritourism activity whether or not a participant pays to participate in the activity.

(b) “Agritourism professional” means a person in the business of providing one or more agritourism activities.

(c) “Inherent risks of agritourism activity” means the dangers or conditions that are an integral part of an agritourism activity, including certain hazards such as surface and subsurface conditions, natural conditions of land, vegetation, waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment used in farming and ranching operations or associated with the recreation elements of themed play activities. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow written instructions or verbal instructions given by the agritourism professional or failing to exercise reasonable caution.

(d) “Participant” means a person, other than an agritourism professional, who engages in an agritourism activity.

(e) “Person” means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.

3273.73.

(a) Except as provided in subdivision (d) and Section 3273.74, an agritourism professional shall not be civilly liable for injury, loss, damage, or death of a participant resulting exclusively from an inherent risk of agritourism activity.

(b) Except as provided in subdivision (d) and Section 3273.74, a participant or the participant’s representative shall not be authorized to maintain a civil action against, or recover from, an agritourism professional for injury, loss, damage, or death of the participant resulting exclusively from an inherent risk of agritourism activity.

(c) In an action for damages against an agritourism professional for an agritourism activity, the agritourism professional shall plead the affirmative defense of assumption of the risk of agritourism activity by a participant in order to invoke the privilege of immunity provided by this section.

(d) This section does not prevent or limit the civil liability of an agritourism professional if the agritourism professional does any of the following:

(1) Commits an act or omission that is grossly negligent or constitutes willful or wanton disregard for the safety of a participant and that act or omission proximately causes injury, loss, damage, or death of the participant.

(2) Has actual knowledge or reasonably should have known of an existing dangerous condition on the land, facilities, or equipment used in an agritourism activity, or the dangerous propensity of a particular animal used in the activity, and does not make the danger known to a participant, and the danger proximately causes injury, loss, damage, or death of the participant.

(3) Knowingly permits a participant to use facilities or engage in an agritourism activity while under the influence of alcohol or drugs.

(e) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.

3273.74.

(a) An agritourism professional shall post and maintain signs that contain the warning notice specified in subdivision (b). The signs shall be placed in a clearly visible location at the entrance to the agritourism location and at key locations within the agritourism location so that the signs are visible when accessing agritourism activities. The signs shall be printed in black letters and each letter shall be at minimum one inch in height. Every 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 onsite or offsite of the agritourism location, shall contain in clearly readable print the warning notice specified in subdivision (b).

(b) The sign and contracts described in subdivision (a) shall contain the following notice of warning:

“WARNING: Under California law, there is no liability for an injury, loss, damage, or death of a participant in an agritourism activity conducted at this agritourism location if the injury, loss, damage, or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities are 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, loss, damage, or death. You are assuming the risk of participating in this agritourism activity.”

(c) Failure to comply with the requirements concerning warning notices provided in this section shall prevent an agritourism professional from invoking the privilege of immunity provided by Section 3273.73 and may be introduced as evidence in any claim for damages.