7 LONG TITLE
8 General Description:
9 This bill regulates agricultural tourism activities.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ states that a participant in an agricultural tourism activity may not make a claim
14 against, or recover damages from, an operator for injury resulting from:
15 • an inherent risk of an agricultural tourism activity; or
16 • the participant's failure to follow instructions or exercise reasonable care; and
17 ▸ requires an operator of an agricultural tourism activity to post signs describing the
18 inherent risks of an activity and the limited liability of the operator.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 78B-4-512, as enacted by Laws of Utah 2008, Chapter 132
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 78B-4-512 is amended to read:
29 78B-4-512. Definitions -- Participation in an agricultural tourism activity --
30 Limitations on civil liability.
39 (1) As used in this section:
40 (a) "Agricultural tourism activity" means an educational or recreational activity that:
41 (i) takes place on a farm or ranch or other commercial agricultural, aquacultural,
42 horticultural, or forestry operation; and
43 (ii) allows an individual to tour, explore, observe, learn about, participate in, or be
44 entertained by an aspect of agricultural operations.
45 (b) "Agritourism" means the travel or visit by the general public to a working farm,
46 ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation for the
47 enjoyment of, education about, or participation in the activities of the farm, ranch, or other
48 commercial agricultural, aquacultural, horticultural, or forestry operation.
49 (c) "Inherent risk" means a danger, hazard, or condition which is an integral part of an
50 agricultural tourism activity Ĥ→ and that cannot be eliminated by the exercise of reasonable
50a care ←Ĥ , including:
51 (i) natural surface and subsurface conditions of land, vegetation, and water on the
53 (ii) unpredictable behavior of domesticated or farm animals on the property; or
54 (iii) reasonable dangers of structures or equipment ordinarily used where agricultural or
55 horticultural crops are grown or farm animals or farmed fish are raised.
56 (d) "Operator" means:
57 (i) a person who operates, provides, or demonstrates an agricultural tourism activity; or
58 (ii) an employee of a person described in Subsection (1)(d)(i).
59 (e) (i) "Participant" means an individual, other than a provider or operator, who
60 observes or participates in an agricultural tourism activity, regardless of whether the individual
61 paid to observe or participate in an agricultural tourism activity.
62 (ii) "Participant" does not mean an individual who is paid to participate in an
63 agricultural tourism activity.
64 (f) "Property" means the real property where an agricultural tourism activity takes place
65 and the buildings, structures, and improvements on that real property.
66 (2) A participant in an agricultural tourism activity may not make any claim against, or
67 recover damages from, any operator for injury Ĥ→ primarily ←Ĥ resulting from:
68 (a) an inherent risk of agritourism; or
69 (b) the participant's failure to:
70 (i) follow instructions given by the operator; or
71 (ii) exercise reasonable caution while engaged in an agricultural tourism activity.
72 (3) An operator shall post and maintain, in a clearly visible location at each entrance to
73 the property where an agricultural tourism activity takes place or at the location of each
74 agricultural tourism activity, a sign describing:
75 (a) the inherent risks of the activity; and
76 (b) the limitations on liability of the operators.
78 which an owner or operator of an [
79 shall be an affirmative defense to liability that
79a analysis and consider whether ←Ĥ :
80 (a) the injured person deliberately disregarded conspicuously posted signs, verbal
81 instructions, or other warnings regarding safety measures during the activity; or
82 (b) any equipment, animals, or appliance used by the injured person during the activity
83 were used in a manner or for a purpose other than that for which a reasonable person should
84 have known they were intended.
Legislative Review Note
as of 1-7-15 5:12 PM
Office of Legislative Research and General Counsel