March 2, 2011
HOUSE BILL No. 1133
DIGEST OF HB 1133
(Updated March 1, 2011 11:05 am - DI 106)
Citations Affected: IC 34-31.
Synopsis: Agritourism liability. Provides that an agritourism provider
is not liable for the injury or death of an agritourism participant if the
cause of the injury or death is an inherent risk of the agritourism
activity. Establishes exceptions. Requires the agritourism provider to
post a warning sign and place the warning notice in any contracts
signed by the participant.
Effective: July 1, 2011.
(SENATE SPONSORS _ STEELE, LEISING)
January 6, 2011, read first time and referred to Committee on Judiciary.
February 3, 2011, amended, reported _ Do Pass.
February 8, 2011, read second time, amended, ordered engrossed.
February 9, 2011, engrossed.
February 10, 2011, read third time, passed. Yeas 94, nays 0.
February 17, 2011, read first time and referred to Committee on Corrections, Criminal, and
March 1, 2011, reported favorably _ Do Pass.
March 2, 2011
First Regular Session 117th General Assembly (2011)
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HOUSE BILL No. 1133
A BILL FOR AN ACT to amend the Indiana Code concerning civil
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-31-9; (11)EH1133.1.1. -->
SECTION 1. IC 34-31-9 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 9. Limited Liability Arising From Agritourism
Sec. 1. (a) This chapter does not apply to activities if the
participant is paid to participate in the activity.
(b) This chapter does not apply to an agritourism provider who
does not comply with the requirements concerning signs and
warning notices required by this chapter.
Sec. 2. As used in this chapter, "agritourism activity" means:
(1) an activity at an agricultural, horticultural, or
agribusiness operation where the general public is allowed or
invited to participate in, view, or enjoy the activities for
recreational, entertainment, or educational purposes,
including farming, ranching, historic and cultural agricultural
activities, self-pick farms, or farmers' markets;
(2) an activity involving an animal exhibition at an
agricultural fair; or
(3) natural resource based activities and attractions, including
hunting, fishing, hiking, and trail riding.
Sec. 3. As used in this chapter, "agritourism provider" means
a person who provides the opportunity for agritourism activities
whether or not the participant pays to participate in the activity.
The term includes employees or authorized agents who offer or
conduct agritourism activities on behalf of an agritourism
Sec. 4. As used in this chapter, "inherent risks of agritourism
activities" means those conditions, dangers, or hazards that are an
integral part of an agritourism activity, including the following:
(1) Surface and subsurface conditions and natural conditions
of land, vegetation, and waters.
(2) The behavior of wild or domestic animals.
(3) The ordinary dangers of structures or equipment when the
structures or equipment are being:
(A) used; or
by an agritourism provider in a manner and for a purpose for
which a reasonable person should know that structures or
equipment is intended.
(4) The negligent acts of a participant that may contribute to
injury to the participant or others, including failing to follow
instructions given by an agritourism provider, failing to
exercise reasonable caution while engaging in the agritourism
activity, or failing to obey written warnings or postings on the
premises of the agritourism operation.
Sec. 5. As used in this chapter, "land" means all real property,
land, and water including all structures, fixtures, equipment, and
machinery located on the property.
Sec. 6. As used in this chapter, "monetary consideration" means
a fee or other charge for permission to go upon a tract of land. The
term does not include:
(1) the gratuitous sharing of game, fish, or other products of
the recreational use of the land;
(2) services rendered for the purpose of wildlife management;
(3) contributions in kind made for the purpose of wildlife
Sec. 7. As used in this chapter, "participant" means any person,
other than the agritourism provider, who engages in an
Sec. 8. As used in this chapter, "person" means an individual,
governmental entity, corporation, limited liability company,
partnership, unincorporated association, or other legal or
Sec. 9. An activity may be an agritourism activity whether or
not a participant provides monetary or other valuable
compensation to participate in the activity.
Sec. 10. (a) Subject to section 11 of this chapter, an agritourism
provider is not liable for:
(1) an injury to a participant; or
(2) the death of a participant;
resulting from an inherent risk of agritourism activities.
(b) Subject to section 11 of this chapter, a participant or
participant's representative may not:
(1) make a claim against;
(2) maintain an action against; or
(3) recover from;
an agritourism provider for injury, loss, damage, or death of the
participant resulting from an inherent risk of agritourism
Sec. 11. Section 10 of this chapter does not prevent or limit the
liability of an agritourism provider:
(1) who has actual knowledge or reasonably should have
(A) a dangerous condition on the land, facilities, or
equipment used in the agritourism activity; or
(B) the dangerous propensity of a particular animal used
in the agritourism activity;
and does not make the danger known to the participant and
the danger proximately causes injury, damage, or death to the
(2) who fails to properly train, or improperly or inadequately
trains, employees who are actively involved in agritourism
activities and an act or omission of the employee proximately
causes injury, damage, or death to the participant;
(3) who commits an act or omission that:
(A) constitutes willful or wanton disregard for the safety of
the participant; and
(B) caused the injury or death of the participant; or
(4) who intentionally injures the participant.
Sec. 12. (a) This chapter does not apply to an agritourism
provider who receives monetary consideration from an individual
other than a government agency unless an agritourism provider:
(1) posts and maintains a sign on which is printed the warning
notice set forth in section 14 of this chapter; or
(2) has a signed release from the participant indicating that
the participant has received written notice of the warning set
forth in section 13 of this chapter.
(b) A sign referred to in subsection (a) must be placed in a
clearly visible location at the main point of entrance to the
(c) The warning notice on a sign referred to in subsection (a)
must be printed in black letters, and each letter must be at least
one (1) inch in height.
Sec. 13. If there is a written contract between an agritourism
provider and a participant for the providing of access, services,
instruction, or the rental of equipment to a participant for
purposes of engaging in or participating in an agritourism activity,
the contract must contain in clearly readable print the warning
notice specified in section 14 of this chapter,
Sec. 14. The warning notice that must be printed on a sign under
section 12 of this chapter and included in a written contract under
section 13 of this chapter is as follows:
Under Indiana law, an agritourism provider is not liable for
an injury to, or the death of, a participant in agritourism
activities at this location if the death or injury results from the
inherent risks of agritourism activity.
Inherent risks of agritourism activities include risks of injury
inherent to land, equipment, and animals as well as the
potential for you to act in a negligent manner that may
contribute to your injury or death, or for other participants
to act in a manner that may cause you injury or cause your
You are assuming the risk of participating in this agritourism