S0820B1140A06285 DMS:CMD 04/06/18 #90 A06285
AMENDMENTS TO SENATE BILL NO. 820
Sponsor: SENATOR GREENLEAF
Printer's No. 1140
Amend Bill, page 1, lines 12 through 17; page 2, lines 1
through 16; by striking out all of said lines on said pages and
inserting
"Agritourism activity." Farm-related tourism or farm-related
entertainment activity that:
(1) takes place on a farm where agricultural,
horticultural or silvicultural crops are grown or farm
animals or farmed fish are raised; and
(2) allows members of the general public, whether or not
for a fee, to tour, explore, observe, learn about,
participate in or be entertained by an aspect of agricultural
production, harvesting, husbandry or rural lifestyle that
occurs on the farm.
"Agritourism provider." A person who owns, operates,
provides or sponsors an agritourism activity or an employee of
such a person who engages in or provides agritourism whether or
not for a fee.
Amend Bill, page 2, line 20, by striking out "operator's" and
inserting
agritourism provider's
Amend Bill, page 2, lines 26 through 30; page 3, lines 1
through 14; by striking out all of said lines on said pages and
inserting
"Risk inherent in the agritourism activity." A danger or
condition that is an integral part of an agritourism activity,
including all of the following:
(1) Surface and subsurface conditions of land and the
natural condition of vegetation and water on the property.
(2) The behavior or actions of wild animals not kept by
or under the control of an agritourism provider.
(3) The ordinary dangers associated with structures or
equipment ordinarily used in farming or ranching operations.
(4) The possibility of being injured or contracting
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illness as a result of physical contact with animals, animal
feed, animal waste or surfaces contaminated by animal waste.
(5) The possibility that a participant in the
agritourism activity may act in a negligent manner, including
by failing to follow instructions given by an agritourism
provider or by failing to exercise reasonable caution while
engaging in the agritourism activity that may contribute to
injury to the participant or another participant.
Section 3. Immunity from liability.
(a) Agritourism providers.--
(1) Except as otherwise provided in subsection (c), in a
civil action, an agritourism provider shall be immune from
liability for any harm a participant sustains during an
agritourism activity if the participant is harmed as a result
of a risk inherent in the agritourism activity.
(2) Nothing in this section shall be construed to
require an agritourism provider to eliminate risks inherent
in agritourism activities.
(b) Notices to be posted.--
(1) An agritourism provider shall post and maintain
signs that contain the warning notice specified in this
section and shall place a sign in a clearly visible location
at or near each entrance to the agritourism location or at
the site of each agritourism activity.
(2) The warning notice shall consist of a sign in black
letters with each letter to be a minimum of one inch in
height and shall contain the following notice of warning:
"WARNING: Under Pennsylvania law, there is no liability
for an injury to or death of a participant in an
agritourism activity conducted at this agritourism
location if the injury or death results from the inherent
risks of the agritourism activity. Inherent risks of the
agritourism activities include, but are not limited to,
risk of injury inherent to land, equipment and animals as
well as the potential for you as a participant to act in
a negligent manner that may contribute to your injury or
death. You are assuming the risk of participating in this
agritourism activity."
(c) Exceptions.--An agritourism provider shall not be immune
from civil liability for harm sustained by a participant if any
of the following applies:
(1) The agritourism provider acts with a willful or
wanton disregard for the safety of the participant and
proximately causes harm to the participant.
(2) The agritourism provider purposefully causes harm to
the participants.
(3) The agritourism provider's actions or inactions
constitute criminal conduct and cause harm to the
participant.
(4) The agritourism provider fails to post and maintain
signs as required by subsection (b).
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(5) The agritourism provider has actual knowledge or
should have actual knowledge of an existing dangerous
condition on the land or regarding facilities or equipment on
the land that is not an inherent risk and does not make the
dangerous condition known to the participant and the
dangerous condition proximately causes injury to or death of
the participant.
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