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.