H0397B1942A04047 BIL:AMY 10/21/13 #90 A04047

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 397

Sponsor: REPRESENTATIVE BARBIN

Printer's No. 1942

 

1Amend Bill, page 3, by inserting between lines 17 and 18

2(c) Exceptions.--This chapter does not preclude or limit the
3liability of an agritourism operator who:

4(1) (i) Has actual knowledge or reasonably should have
5known of:

6(A) a dangerous condition on the land,
7facilities or equipment used in the agritourism
8activity; or

9(B) the dangerous propensity of a particular
10animal used in the agritourism activity; and

11(ii) does not make the danger known to the
12participant and the danger proximately causes injury,
13damage or death to the participant.

14(2) Fails to properly train, or improperly or
15inadequately trains, employees or unpaid workers who are
16actively involved in agritourism activities and an act or
17omission of the employee proximately causes injury, damage or
18death to the participant.

19(3) Commits an act or omission that:

20(i) constitutes gross negligence for the safety of
21the participant; and

22(ii) caused the injury or death of the participant.

23(4) Intentionally injures the participant.

 

See A04047 in
the context
of HB0397