Bill Text: MN HF1829 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Agritourism activities civil liability immunity created.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-03 - Committee report, to adopt as amended and re-refer to Civil Law [HF1829 Detail]
Download: Minnesota-2013-HF1829-Engrossed.html
1.2relating to civil liability; creating immunity for agritourism activities;proposing
1.3coding for new law in Minnesota Statutes, chapter 604A.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [604A.40] AGRITOURISM; IMMUNITY FROM LIABILITY.
1.6 Subdivision 1. Definitions. (a) For the purposes of this section, the terms in
1.7paragraphs (b) to (h) have the meanings given them.
1.8(b) "Agricultural products" means any livestock, aquaculture, poultry, horticultural,
1.9floricultural, viticultural, silvicultural, or other products of a farm or ranch.
1.10(c) "Agritourism activity" means any activity carried out on a farm or ranch that
1.11allows organizations or members of the general public, for recreational, entertainment,
1.12charitable, or educational purposes, to view, enjoy, or participate in rural activities,
1.13including farming; viticulture; winemaking; ranching; and historical, cultural, farm
1.14stay, gleaning, harvest-your-own, or natural activities and attractions. An activity is an
1.15agritourism activity whether or not the participant pays to participate in the activity.
1.16(d) "Agritourism professional" means any person who is engaged in the business of
1.17providing one or more agritourism activities, whether or not for compensation.
1.18(e) "Farm or ranch" means one or more areas of land used for the production,
1.19cultivation, growing, harvesting, or processing of agricultural products.
1.20(f) "Farm stay" means to stay on a farm or ranch as a paying guest in order to
1.21experience farm, ranch, or rural life.
1.22(g) "Inherent risks of agritourism activity" mean dangers or conditions that are an
1.23integral part of an agritourism activity including but not limited to:
2.1(1) natural hazards and conditions of land, vegetation, and waters including surface
2.2and subsurface conditions;
2.3(2) the behavior of wild or domestic animals; and
2.4(3) ordinary dangers of structures or equipment ordinarily used in farming or
2.5ranching operations.
2.6Inherent risks of agritourism activity also include the potential of a participant to act
2.7in a negligent manner that may contribute to injury, damage, or death of the participant or
2.8others, including failing to follow instructions given by an agritourism professional or
2.9failing to exercise reasonable care while engaging in the agritourism activity.
2.10(h) "Participant" means any person, other than an agritourism professional, who
2.11engages in an agritourism activity.
2.12 Subd. 2. Liability limited. (a) Except as provided in paragraph (b), an agritourism
2.13professional is not liable for injury, damage, or death of a participant resulting from the
2.14inherent risks of agritourism activities. In any action for damages against an agritourism
2.15professional for an agritourism activity, the agritourism professional may plead the
2.16affirmative defense of secondary assumption of the risk of the agritourism activity by
2.17the participant.
2.18(b) Nothing in paragraph (a) prevents or limits the liability of an agritourism
2.19professional if the agritourism professional:
2.20(1) commits an act or omission that constitutes gross negligence or willful or wanton
2.21disregard for the safety of the participant, and that act or omission proximately causes
2.22injury, damage, or death of the participant;
2.23(2) has actual knowledge or reasonably should have known of a dangerous condition
2.24on the land or in the facilities or equipment used in the activity, or the dangerous propensity
2.25of a particular animal used in such activity, and does not make the danger known to the
2.26participant, and the danger proximately causes injury, damage, or death of the participant; or
2.27(3) intentionally injures the participant.
2.28(c) Any limitation on liability afforded by this section to an agritourism professional
2.29is in addition to any other limitations of liability otherwise provided by law.
2.30 Subd. 3. Posting notice. An agritourism professional shall post plainly visible
2.31signs at one or more prominent locations in the premises where the agritourism activity
2.32takes place that include a warning of the inherent risks of agritourism activity and the
2.33limitation of liability under this section.
2.34EFFECTIVE DATE.This section is effective the day following final enactment
2.35and applies to actions arising from injury, damage, or death occurring on or after that date.
1.3coding for new law in Minnesota Statutes, chapter 604A.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [604A.40] AGRITOURISM; IMMUNITY FROM LIABILITY.
1.6 Subdivision 1. Definitions. (a) For the purposes of this section, the terms in
1.7paragraphs (b) to (h) have the meanings given them.
1.8(b) "Agricultural products" means any livestock, aquaculture, poultry, horticultural,
1.9floricultural, viticultural, silvicultural, or other products of a farm or ranch.
1.10(c) "Agritourism activity" means any activity carried out on a farm or ranch that
1.11allows organizations or members of the general public, for recreational, entertainment,
1.12charitable, or educational purposes, to view, enjoy, or participate in rural activities,
1.13including farming; viticulture; winemaking; ranching; and historical, cultural, farm
1.14stay, gleaning, harvest-your-own, or natural activities and attractions. An activity is an
1.15agritourism activity whether or not the participant pays to participate in the activity.
1.16(d) "Agritourism professional" means any person who is engaged in the business of
1.17providing one or more agritourism activities, whether or not for compensation.
1.18(e) "Farm or ranch" means one or more areas of land used for the production,
1.19cultivation, growing, harvesting, or processing of agricultural products.
1.20(f) "Farm stay" means to stay on a farm or ranch as a paying guest in order to
1.21experience farm, ranch, or rural life.
1.22(g) "Inherent risks of agritourism activity" mean dangers or conditions that are an
1.23integral part of an agritourism activity including but not limited to:
2.1(1) natural hazards and conditions of land, vegetation, and waters including surface
2.2and subsurface conditions;
2.3(2) the behavior of wild or domestic animals; and
2.4(3) ordinary dangers of structures or equipment ordinarily used in farming or
2.5ranching operations.
2.6Inherent risks of agritourism activity also include the potential of a participant to act
2.7in a negligent manner that may contribute to injury, damage, or death of the participant or
2.8others, including failing to follow instructions given by an agritourism professional or
2.9failing to exercise reasonable care while engaging in the agritourism activity.
2.10(h) "Participant" means any person, other than an agritourism professional, who
2.11engages in an agritourism activity.
2.12 Subd. 2. Liability limited. (a) Except as provided in paragraph (b), an agritourism
2.13professional is not liable for injury, damage, or death of a participant resulting from the
2.14inherent risks of agritourism activities. In any action for damages against an agritourism
2.15professional for an agritourism activity, the agritourism professional may plead the
2.16affirmative defense of secondary assumption of the risk of the agritourism activity by
2.17the participant.
2.18(b) Nothing in paragraph (a) prevents or limits the liability of an agritourism
2.19professional if the agritourism professional:
2.20(1) commits an act or omission that constitutes gross negligence or willful or wanton
2.21disregard for the safety of the participant, and that act or omission proximately causes
2.22injury, damage, or death of the participant;
2.23(2) has actual knowledge or reasonably should have known of a dangerous condition
2.24on the land or in the facilities or equipment used in the activity, or the dangerous propensity
2.25of a particular animal used in such activity, and does not make the danger known to the
2.26participant, and the danger proximately causes injury, damage, or death of the participant; or
2.27(3) intentionally injures the participant.
2.28(c) Any limitation on liability afforded by this section to an agritourism professional
2.29is in addition to any other limitations of liability otherwise provided by law.
2.30 Subd. 3. Posting notice. An agritourism professional shall post plainly visible
2.31signs at one or more prominent locations in the premises where the agritourism activity
2.32takes place that include a warning of the inherent risks of agritourism activity and the
2.33limitation of liability under this section.
2.34EFFECTIVE DATE.This section is effective the day following final enactment
2.35and applies to actions arising from injury, damage, or death occurring on or after that date.
