H.B. 32 Enrolled

1

AFFIRMATIVE DEFENSE FOR
2 AGRI-TOURISM ACTIVITY
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael T. Morley
6 Senate Sponsor: Margaret Dayton
7 Cosponsors:Kerry W. GibsonJohn G. Mathis 8
9 LONG TITLE
10 General Description:
11 This bill provides an affirmative defense for an operator of an agri-tourism activity.
12 Highlighted Provisions:
13 This bill:
14 . defines agri-tourism; and
15 . provides an affirmative defense for an owner or operator of an agri-tourism activity
16 if:
17 . the injured person disregarded safety measures; or
18 . any equipment, including animals, utilized during the activity was used in an
19 unsafe manner.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 78B-4-512, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 78B-4-512 is enacted to read:

30 78B-4-512. Affirmative defense for agri-tourism industry.
31 (1) As used in this section, "agri-tourism" means an activity that allows members of the
32 general public to view or enjoy agricultural related activities, including farming, ranching, or
33 historic, cultural, or natural attractions, for recreational, entertainment, or educational purposes.
34 (a) An activity may be an agri-tourism activity whether or not the participant pays to
35 participate in the activity.
36 (b) An activity is not an agri-tourism activity if the participant is paid to participate in
37 the activity.
38 (2) In any action for damages for personal injury, death, or property damage in which
39 an owner or operator of an agri-tourism activity is named as a defendant, it shall be an
40 affirmative defense to liability that:
41 (a) the injured person deliberately disregarded conspicuously posted signs, verbal
42 instructions, or other warnings regarding safety measures during the activity; or
43 (b) any equipment, animals, or appliance used by the injured person during the activity
44 were used in a manner or for a purpose other than that for which a reasonable person should
45 have known they were intended.