Signed by Governor Kim Reynolds

Vote Smart's Synopsis:

Vote to pass a bill that establishes liability protections for agritourism businesses in the state.

Highlights:

• Defines “agricultural tourism farm” as a farm to which members of the public are invited to visit by or on behalf of an agricultural tourism farmer or agriculture tourism professional, for the purpose of allowing members of the public to experience places on a farm and participate in farming activities, regardless of whether a member of the public pays for the visit (Sec. 5-1).

• Establishes an agricultural tourism farmer, an agricultural tourism professional, or a person engaged in farming the agricultural tourism farm is not liable for any act or omission causing injury, loss, or death suffered by an agricultural tourist if all of the following apply (Sec. 6-1):

• The injury, loss, or death was caused while the agricultural tourist was visiting the agricultural tourism farm.

• The act or omission that caused the injury, loss, or death was associated with an inherent risk of farming.

• Specifies in any claim alleging an act or omission causing injury, loss, or death suffered by an agricultural tourist on an agricultural tourism farm, it is an affirmative defense that an agricultural tourism farmer, an agricultural tourism professional,or a person engaged in farming the agricultural tourism farm is not liable (Sec. 7-1).

• Establishes a notice of the inherent risk of farming must have been provided to an agricultural tourist prior to an alleged injury, loss, or death caused by the agricultural tourism farmer, agricultural tourism professional,or person engaged in farming the agricultural tourism farm (Sec. 8-1).

• Specifies a notice must have been included in any written contract entered into by the agricultural tourist and either the agricultural tourism farmer or agricultural tourism professional (Sec. 8-3).

• Prohibits the limitation liability from applying to the extent that all of the following conditions are met (Sec. 9):

• An injury, loss, or death suffered by an agricultural tourist was caused by the act or omission of an agricultural tourism farmer, an agricultural tourism professional, or a person engaged in farming on the agricultural tourism farm; or

• The act or omission was any of the following:

• Illegal;

• Intentional;

• The result of willful misconduct,gross negligence or incompetence amounting to such lack of care as to amount to wanton neglect for the safety of another, or recklessness;

• Due to intoxication by alcohol, a drug, or a combination of such substances;

• The result of a failure to notify an agricultural tourist of dangerous latent conditions on the farm, including a building or other structure, or equipment or machinery regardless of whether it was operational,if the dangerous latent condition was known or should have been known by the agricultural tourism farmer or agriculture tourism professional; or

• A condition or event existing at the agricultural tourism farm that was not reasonably foreseeable by a person generally familiar with farming, even though such conditioner farming activity would have been foreseeable at another type of agricultural tourism farm.

Full Bill Text