| 1 | | - | Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2635Introduced by Assembly Member IrwinFebruary 14, 2024An 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 DIGESTAB 2635, as amended, Irwin. Agricultural tourism: liability. California Agritourism Liability 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 persons want of ordinary care or skill in the management of their property or person, except as specified.This bill, the California Agritourism Liability Act, would define agritourism activity as an activity carried out on a farm, ranch, or 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 operator to include a warning notice on signs at the agritourism location, 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 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, or dangerous propensity of a particular animal 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.This bill would state the intent of the Legislature to enact subsequent legislation relating to the liability of farms conducting agricultural tourism operations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 Liability Act3273.70. This title shall be known, and may be cited, as the California Agritourism Liability Act.3273.71. For purposes of this title, the following definitions apply:(a) Agritourism activity means an activity carried out on a farm, a ranch, or 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 or enjoy rural activities, including, but not limited to, farming, ranching, historic, cultural, and onsite educational programs, recreational farming programs that may include onsite hospitality services, guided and self-guided tours, petting zoos, farm festivals, corn mazes, harvest-your-own operations, hayrides, horseback riding, fishing, and camping. An activity is an agritourism activity whether or not a participant pays to participate in the activity.(b) Agritourism operator means the owner of the farm, ranch, or rural land on which agritourism activities are carried out.(c) Agritourism professional means a person in the business, or employed by the business, of providing one or more agritourism activity, whether or not for compensation.(d) Inherent risk means the dangers or conditions that are associated with part of an agritourism activity, including certain hazards such as surface and subsurface conditions, natural conditions of land, vegetation, or waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activities 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 instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.(e) Participant means a person, other than an agritourism professional, who engages in an agritourism activity, regardless of whether or not they paid to engage in the activity.(f) Person means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.3273.72. (a) Except as provided in subdivision (d) and Section 3273.73, 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 3273.73, a participant or the participants representative shall not 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.(d) This section does not prevent or limit the civil liability of an agritourism professional or agritourism operator if the agritourism professional or agritourism operator 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 a dangerous condition on the land, facilities, or equipment used in the agritourism activity, or the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the 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.3273.73. (a) An agritourism operator 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 the site of the agritourism activity. The signs shall be printed in black letters and each letter shall be at minimum one inch in height.(b) The sign 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 exclusively 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.SECTION 1.It is the intent of the Legislature to enact subsequent legislation relating to the liability of farms conducting agricultural tourism operations. |
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| 1 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2635Introduced by Assembly Member IrwinFebruary 14, 2024 An act relating to agriculture. LEGISLATIVE COUNSEL'S DIGESTAB 2635, as introduced, Irwin. Agricultural tourism: 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 persons want of ordinary care or skill in the management of their property or person, except as specified.This bill would state the intent of the Legislature to enact subsequent legislation relating to the liability of farms conducting agricultural tourism operations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact subsequent legislation relating to the liability of farms conducting agricultural tourism operations. |
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| 44 | | - | 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 Liability Act3273.70. This title shall be known, and may be cited, as the California Agritourism Liability Act.3273.71. For purposes of this title, the following definitions apply:(a) Agritourism activity means an activity carried out on a farm, a ranch, or 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 or enjoy rural activities, including, but not limited to, farming, ranching, historic, cultural, and onsite educational programs, recreational farming programs that may include onsite hospitality services, guided and self-guided tours, petting zoos, farm festivals, corn mazes, harvest-your-own operations, hayrides, horseback riding, fishing, and camping. An activity is an agritourism activity whether or not a participant pays to participate in the activity.(b) Agritourism operator means the owner of the farm, ranch, or rural land on which agritourism activities are carried out.(c) Agritourism professional means a person in the business, or employed by the business, of providing one or more agritourism activity, whether or not for compensation.(d) Inherent risk means the dangers or conditions that are associated with part of an agritourism activity, including certain hazards such as surface and subsurface conditions, natural conditions of land, vegetation, or waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activities 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 instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.(e) Participant means a person, other than an agritourism professional, who engages in an agritourism activity, regardless of whether or not they paid to engage in the activity.(f) Person means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.3273.72. (a) Except as provided in subdivision (d) and Section 3273.73, 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 3273.73, a participant or the participants representative shall not 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.(d) This section does not prevent or limit the civil liability of an agritourism professional or agritourism operator if the agritourism professional or agritourism operator 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 a dangerous condition on the land, facilities, or equipment used in the agritourism activity, or the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the 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.3273.73. (a) An agritourism operator 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 the site of the agritourism activity. The signs shall be printed in black letters and each letter shall be at minimum one inch in height.(b) The sign 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 exclusively 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.SECTION 1.It is the intent of the Legislature to enact subsequent legislation relating to the liability of farms conducting agricultural tourism operations. |
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| 40 | + | The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact subsequent legislation relating to the liability of farms conducting agricultural tourism operations. |
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| 50 | | - | 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 Liability Act3273.70. This title shall be known, and may be cited, as the California Agritourism Liability Act.3273.71. For purposes of this title, the following definitions apply:(a) Agritourism activity means an activity carried out on a farm, a ranch, or 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 or enjoy rural activities, including, but not limited to, farming, ranching, historic, cultural, and onsite educational programs, recreational farming programs that may include onsite hospitality services, guided and self-guided tours, petting zoos, farm festivals, corn mazes, harvest-your-own operations, hayrides, horseback riding, fishing, and camping. An activity is an agritourism activity whether or not a participant pays to participate in the activity.(b) Agritourism operator means the owner of the farm, ranch, or rural land on which agritourism activities are carried out.(c) Agritourism professional means a person in the business, or employed by the business, of providing one or more agritourism activity, whether or not for compensation.(d) Inherent risk means the dangers or conditions that are associated with part of an agritourism activity, including certain hazards such as surface and subsurface conditions, natural conditions of land, vegetation, or waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activities 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 instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.(e) Participant means a person, other than an agritourism professional, who engages in an agritourism activity, regardless of whether or not they paid to engage in the activity.(f) Person means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.3273.72. (a) Except as provided in subdivision (d) and Section 3273.73, 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 3273.73, a participant or the participants representative shall not 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.(d) This section does not prevent or limit the civil liability of an agritourism professional or agritourism operator if the agritourism professional or agritourism operator 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 a dangerous condition on the land, facilities, or equipment used in the agritourism activity, or the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the 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.3273.73. (a) An agritourism operator 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 the site of the agritourism activity. The signs shall be printed in black letters and each letter shall be at minimum one inch in height.(b) The sign 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 exclusively 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. |
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| 46 | + | SECTION 1. It is the intent of the Legislature to enact subsequent legislation relating to the liability of farms conducting agricultural tourism operations. |
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| 56 | | - | TITLE 23. The California Agritourism Liability Act3273.70. This title shall be known, and may be cited, as the California Agritourism Liability Act.3273.71. For purposes of this title, the following definitions apply:(a) Agritourism activity means an activity carried out on a farm, a ranch, or 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 or enjoy rural activities, including, but not limited to, farming, ranching, historic, cultural, and onsite educational programs, recreational farming programs that may include onsite hospitality services, guided and self-guided tours, petting zoos, farm festivals, corn mazes, harvest-your-own operations, hayrides, horseback riding, fishing, and camping. An activity is an agritourism activity whether or not a participant pays to participate in the activity.(b) Agritourism operator means the owner of the farm, ranch, or rural land on which agritourism activities are carried out.(c) Agritourism professional means a person in the business, or employed by the business, of providing one or more agritourism activity, whether or not for compensation.(d) Inherent risk means the dangers or conditions that are associated with part of an agritourism activity, including certain hazards such as surface and subsurface conditions, natural conditions of land, vegetation, or waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activities 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 instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.(e) Participant means a person, other than an agritourism professional, who engages in an agritourism activity, regardless of whether or not they paid to engage in the activity.(f) Person means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.3273.72. (a) Except as provided in subdivision (d) and Section 3273.73, 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 3273.73, a participant or the participants representative shall not 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.(d) This section does not prevent or limit the civil liability of an agritourism professional or agritourism operator if the agritourism professional or agritourism operator 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 a dangerous condition on the land, facilities, or equipment used in the agritourism activity, or the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the 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.3273.73. (a) An agritourism operator 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 the site of the agritourism activity. The signs shall be printed in black letters and each letter shall be at minimum one inch in height.(b) The sign 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 exclusively 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. |
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| 58 | | - | TITLE 23. The California Agritourism Liability Act3273.70. This title shall be known, and may be cited, as the California Agritourism Liability Act.3273.71. For purposes of this title, the following definitions apply:(a) Agritourism activity means an activity carried out on a farm, a ranch, or 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 or enjoy rural activities, including, but not limited to, farming, ranching, historic, cultural, and onsite educational programs, recreational farming programs that may include onsite hospitality services, guided and self-guided tours, petting zoos, farm festivals, corn mazes, harvest-your-own operations, hayrides, horseback riding, fishing, and camping. An activity is an agritourism activity whether or not a participant pays to participate in the activity.(b) Agritourism operator means the owner of the farm, ranch, or rural land on which agritourism activities are carried out.(c) Agritourism professional means a person in the business, or employed by the business, of providing one or more agritourism activity, whether or not for compensation.(d) Inherent risk means the dangers or conditions that are associated with part of an agritourism activity, including certain hazards such as surface and subsurface conditions, natural conditions of land, vegetation, or waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activities 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 instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.(e) Participant means a person, other than an agritourism professional, who engages in an agritourism activity, regardless of whether or not they paid to engage in the activity.(f) Person means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.3273.72. (a) Except as provided in subdivision (d) and Section 3273.73, 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 3273.73, a participant or the participants representative shall not 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.(d) This section does not prevent or limit the civil liability of an agritourism professional or agritourism operator if the agritourism professional or agritourism operator 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 a dangerous condition on the land, facilities, or equipment used in the agritourism activity, or the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the 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.3273.73. (a) An agritourism operator 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 the site of the agritourism activity. The signs shall be printed in black letters and each letter shall be at minimum one inch in height.(b) The sign 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 exclusively 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. |
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| 60 | | - | TITLE 23. The California Agritourism Liability Act |
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| 62 | | - | TITLE 23. The California Agritourism Liability Act |
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| 64 | | - | 3273.70. This title shall be known, and may be cited, as the California Agritourism Liability Act. |
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| 68 | | - | 3273.70. This title shall be known, and may be cited, as the California Agritourism Liability Act. |
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| 70 | | - | 3273.71. For purposes of this title, the following definitions apply:(a) Agritourism activity means an activity carried out on a farm, a ranch, or 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 or enjoy rural activities, including, but not limited to, farming, ranching, historic, cultural, and onsite educational programs, recreational farming programs that may include onsite hospitality services, guided and self-guided tours, petting zoos, farm festivals, corn mazes, harvest-your-own operations, hayrides, horseback riding, fishing, and camping. An activity is an agritourism activity whether or not a participant pays to participate in the activity.(b) Agritourism operator means the owner of the farm, ranch, or rural land on which agritourism activities are carried out.(c) Agritourism professional means a person in the business, or employed by the business, of providing one or more agritourism activity, whether or not for compensation.(d) Inherent risk means the dangers or conditions that are associated with part of an agritourism activity, including certain hazards such as surface and subsurface conditions, natural conditions of land, vegetation, or waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activities 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 instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.(e) Participant means a person, other than an agritourism professional, who engages in an agritourism activity, regardless of whether or not they paid to engage in the activity.(f) Person means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit. |
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| 74 | | - | 3273.71. For purposes of this title, the following definitions apply: |
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| 76 | | - | (a) Agritourism activity means an activity carried out on a farm, a ranch, or 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 or enjoy rural activities, including, but not limited to, farming, ranching, historic, cultural, and onsite educational programs, recreational farming programs that may include onsite hospitality services, guided and self-guided tours, petting zoos, farm festivals, corn mazes, harvest-your-own operations, hayrides, horseback riding, fishing, and camping. An activity is an agritourism activity whether or not a participant pays to participate in the activity. |
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| 78 | | - | (b) Agritourism operator means the owner of the farm, ranch, or rural land on which agritourism activities are carried out. |
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| 80 | | - | (c) Agritourism professional means a person in the business, or employed by the business, of providing one or more agritourism activity, whether or not for compensation. |
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| 82 | | - | (d) Inherent risk means the dangers or conditions that are associated with part of an agritourism activity, including certain hazards such as surface and subsurface conditions, natural conditions of land, vegetation, or waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activities 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 instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity. |
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| 84 | | - | (e) Participant means a person, other than an agritourism professional, who engages in an agritourism activity, regardless of whether or not they paid to engage in the activity. |
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| 86 | | - | (f) Person means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit. |
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| 88 | | - | 3273.72. (a) Except as provided in subdivision (d) and Section 3273.73, 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 3273.73, a participant or the participants representative shall not 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.(d) This section does not prevent or limit the civil liability of an agritourism professional or agritourism operator if the agritourism professional or agritourism operator 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 a dangerous condition on the land, facilities, or equipment used in the agritourism activity, or the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the 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. |
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| 89 | | - | |
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| 90 | | - | |
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| 91 | | - | |
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| 92 | | - | 3273.72. (a) Except as provided in subdivision (d) and Section 3273.73, 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. |
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| 93 | | - | |
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| 94 | | - | (b) Except as provided in subdivision (d) and Section 3273.73, a participant or the participants representative shall not 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. |
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| 95 | | - | |
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| 96 | | - | (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. |
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| 97 | | - | |
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| 98 | | - | (d) This section does not prevent or limit the civil liability of an agritourism professional or agritourism operator if the agritourism professional or agritourism operator does any of the following: |
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| 99 | | - | |
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| 100 | | - | (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. |
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| 101 | | - | |
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| 102 | | - | (2) Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities, or equipment used in the agritourism activity, or the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the participant, and the danger proximately causes injury, loss, damage, or death of the participant. |
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| 103 | | - | |
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| 104 | | - | (3) Knowingly permits a participant to use facilities or engage in an agritourism activity while under the influence of alcohol or drugs. |
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| 105 | | - | |
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| 106 | | - | (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. |
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| 107 | | - | |
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| 108 | | - | 3273.73. (a) An agritourism operator 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 the site of the agritourism activity. The signs shall be printed in black letters and each letter shall be at minimum one inch in height.(b) The sign 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 exclusively 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. |
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| 109 | | - | |
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| 110 | | - | |
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| 111 | | - | |
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| 112 | | - | 3273.73. (a) An agritourism operator 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 the site of the agritourism activity. The signs shall be printed in black letters and each letter shall be at minimum one inch in height. |
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| 113 | | - | |
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| 114 | | - | (b) The sign described in subdivision (a) shall contain the following notice of warning: |
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| 115 | | - | |
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| 116 | | - | 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 exclusively 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. |
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| 117 | | - | |
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| 118 | | - | |
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| 119 | | - | |
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| 120 | | - | It is the intent of the Legislature to enact subsequent legislation relating to the liability of farms conducting agricultural tourism operations. |
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