sb272_As_introduced_LC_25_4865_EC_2.html
07 LC 25 4865-EC
Senate Bill 272
By: Senators Bulloch of the 11th and Pearson of the 51st

A BILL TO BE ENTITLED
AN ACT


To amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to sale of agricultural and forest products, so as to to provide limited liability for owners and operators of farms offering agritourism activities under certain circumstances; to provide for legislative findings; to provide for definitions; to provide for warnings and notices; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to sale of agricultural and forest products, is amended by adding a new article to read as follows:

"ARTICLE 8
2-14-160.
The General Assembly recognizes that persons who patronize farms offering agritourism activities may incur injuries as a result of inherent risks involved in such activity. The General Assembly also finds that this state and its citizens derive numerous economic, educational, environmental, cultural, and personal benefits from such activity. The General Assembly finds, determines, and declares that this article is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage agritourism activities by limiting the civil liability of farmers involved in such activities.

2-14-161.
As used in this article, the term:
(1) 'Agritourism' means any activity carried out on real property that is a farm or ranch that allows members of the public, for recreational, entertainment, or educational purposes, to use, view, or enjoy agricultural property, machinery, resources, goods, domesticated and wild animals, history, or culture. An activity is an agritourism activity whether or not the participant paid to participate in such activity.
(2) 'Agritourism professional' means a person, actual or corporate, who, for educational benefit, financial gain, or consideration, leads, hosts, or supervises agritourism activities or owns, leases, or rents agricultural property on which agritourism activities occur. Such term shall include also all agents, employees, and representatives of the agritourism profession.
(3) 'Inherent risks of agritourism activity' means those dangers or conditions associated with agritourism activities that are known to reasonable persons. Such dangers include, but are expressly not limited to, surface and subsurface conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; the ordinary dangers of structures or equipment ordinarily used in farming and ranching operations; and the potential of a participant to act in a negligent manner that may contribute to the injury to the participant or others.
(4) 'Participant' means any person who enters the farm location, singly or with a group, to engage in agritourism activities.

2-14-162.
(a) Except as provided in subsection (b) of this Code section, an agritourism professional shall not be liable for an injury to or the death of a participant resulting from such participant´s failure to follow instructions given by the agritourism professional, failure to exercise reasonable caution while engaging in the agritourism activity, or the inherent risks of agritourism activities.
(b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an agritourism professional if that agritourism professional:
(1) Commits an act or omission of gross negligence that injures the participant;
(2) Commits an act or omission that causes an injury to the participant and constitutes the willful or wanton disregard for the safety of the participant; or
(3) Intentionally injures the participant.
(c) Nothing in this Code section shall be interpreted to bar or limit any product liability claim arising under the laws of Georgia.

2-14-163.
(a) Every agritourism professional shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location at the entrance of the agritourism activity and arenas where the agritourism professional conducts agritourism activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or site of the agritourism professional´s or the agritourism activity sponsor´s business, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section.
(b) The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice:
WARNING Under Georgia law, an agritourism professional is not liable for an injury to or the death of a participant in agritourism activities resulting from the inherent risks of agritourism activities, pursuant to Article 8 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated.
(c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent an agritourism activity sponsor or agritourism professional from invoking the privileges of immunity provided by this article."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.