First Regular Session 117th General Assembly (2011)


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    HOUSE ENROLLED ACT No. 1133



     AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-31-9; (11)HE1133.1.1. -->
    SECTION 1. IC 34-31-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 9. Limited Liability Arising From Agritourism Activities
    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 provider.
    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
            (B) stored;
        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; or
        (3) contributions in kind made for the purpose of wildlife management.
    Sec. 7. As used in this chapter, "participant" means any person, other than the agritourism provider, who engages in an agritourism activity.
    Sec. 8. As used in this chapter, "person" means an individual, governmental entity, corporation, limited liability company, partnership, unincorporated association, or other legal or

commercial entity.
    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 activities.
    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 known of:
            (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 participant;
        (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 agritourism activity.
    (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:
WARNING

        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 death.
        You are assuming the risk of participating in this agritourism activity.


HEA 1133

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