Bill Text: OR SB815 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to agri-tourism; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB815 Detail]

Download: Oregon-2013-SB815-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3759

                         Senate Bill 815

Sponsored by Senator THOMSEN

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that agri-tourism provider is not liable for injury to
or death of participant arising out of inherent risks of
agri-tourism activities if agri-tourism provider posts certain
notices. Provides exceptions.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to agri-tourism; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 3 of this 2013 Act:
  (1) 'Agri-tourism activity' means an activity carried out on a
farm or ranch that allows members of the general public, for
recreational, entertainment or education purposes, to observe or
engage in rural activities, including but not limited to farming,
ranching, historic, cultural or harvest-your-own activities.
  (2) 'Agri-tourism provider' means a person that provides an
agri-tourism activity, whether or not for compensation.
  (3) 'Inherent risks of agri-tourism activity' means:
  (a) Dangers or conditions that are an integral part of an
agri-tourism activity, including but not limited to surface and
subsurface conditions, natural conditions of land, vegetation and
waters, the behavior of wild or domestic animals and ordinary
dangers of structures or equipment ordinarily used in farming and
ranching operations.
  (b) The potential that a participant may act in a negligent
manner that may contribute to injury to the participant or
others, including but not limited to failing to follow
instructions given by an agri-tourism provider or failing to
exercise reasonable caution while engaging in an agri-tourism
activity.
  (4) 'Participant' means an individual, other than an
agri-tourism provider, who engages in an agri-tourism
activity. + }
  SECTION 2.  { + (1) Except as provided in subsections (2) and
(3) of this section, an agri-tourism provider that posts the
notices required under section 3 of this 2013 Act is not liable
for an injury to or the death of a participant arising from the
inherent risks of an agri-tourism activity.
  (2) Subsection (1) of this section does not limit the liability
of an agri-tourism provider if the agri-tourism provider:

  (a) Commits an act or omission that constitutes willful or
wanton disregard for the safety of the participant and that act
or omission is a cause of injury to the participant;
  (b) Intentionally injures the participant;
  (c) Provides equipment to the participant and fails to make
reasonable and prudent inspection of the equipment, and that
failure is a cause of the injury to the participant; or
  (d) Owns, leases, rents or otherwise is in possession and
control of the land or facilities upon which the participant
sustains injuries because of a dangerous latent condition that is
known to or should be known to the agri-tourism provider and for
which warning signs are not conspicuously posted.
  (3) Subsection (1) of this section does not limit the liability
of an agri-tourism provider under the product liability
provisions of ORS 30.900 to 30.920. + }
  SECTION 3.  { + (1) An agri-tourism provider shall
conspicuously post the notice specified in subsection (2) of this
section:
  (a) At the entrance to the agri-tourism site;
  (b) At any location where an agri-tourism activity takes place;
and
  (c) In every written contract entered into between the
agri-tourism provider and a participant.
  (2) The notice required by subsection (1) of this section must
be substantially as follows: + }
                                                                ________________________________________________________________

                               { +
WARNING + }

   { +  Under Oregon law, there is no liability for an injury to
or the death of a participant in an agri-tourism activity
conducted at this agri-tourism location if the injury or death
results from the inherent risks of the agri-tourism activity.
Inherent risks of agri-tourism activities include, but are not
limited to, 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 agri-tourism
activity. + }
                                                                ________________________________________________________________

  SECTION 4.  { + Sections 1 to 3 of this 2013 Act apply only to
causes of action that arise on and after the effective date of
this 2013 Act. + }
  SECTION 5.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------