Bill Status of HB3333  102nd General Assembly


House Sponsors
Rep. Norine Hammond

Last Action
DateChamber Action

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Agritourism Limitation of Liability Act. Defines terms. Provides that a registered agritourism operator is not liable for injury to or death of a participant resulting from the inherent risks of a registered agritourism activity so long as warning signage is posted as required, and no participant or participant's representative may maintain an action against or recover from a registered agritourism operator for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of the registered activity. Provides that nothing in the new Act prevents or limits liability if the operator: (1) injures the participant by willful or wanton conduct; (2) has actual knowledge or should have known of a dangerous condition in the facilities or equipment used in the registered agritourism activity and does not make the dangerous condition known to a participant and the dangerous condition causes the participant to sustain injuries; or (3) fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances. Provides that in actions arising from the operation of a registered tourism activity in which an owner or operator is named as a defendant, it shall be an affirmative defense to that liability that: (1) the injured person assumed the risk; (2) the injured person deliberately disregarded conspicuously posted signs, verbal instructions, or other warnings regarding safety measures during the activity; or (3) any equipment, animals, or appliances used by the injured person during the activity were used in a manner or for a purpose other than that for which a reasonable person should have known they were intended. Directs the Department of Agriculture to adopt rules to implement the new Act.

DateChamber Action
  2/26/2013HouseFiled with the Clerk by Rep. Norine Hammond
  2/26/2013HouseFirst Reading
  2/26/2013HouseReferred to Rules Committee
  3/5/2013HouseMotion Filed - Table Bill/Resolution Pursuant to Rule 60(b), Rep. Norine Hammond
  3/5/2013HouseMotion Prevailed