Regular Session 2021-2022 Senate Bill 0278 P.N. 0260

PRINTER'S NO. 260

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

278

Session of

2021

INTRODUCED BY PHILLIPS-HILL, BROOKS, MARTIN, J. WARD, GORDNER,

AUMENT, PITTMAN, BAKER, REGAN, MASTRIANO, STEFANO, DUSH AND

CAPPELLETTI, FEBRUARY 24, 2021

REFERRED TO JUDICIARY, FEBRUARY 24, 2021

AN ACT

Providing for limited civil liability for agritourism activity

providers, for notice of limited civil liability and for

acknowledgment of limited civil liability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Agritourism

Activity Protection Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agritourism activity." As follows:

(1) A farm-related tourism or farm-related entertainment

activity that takes place on agricultural land and 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.

(2) The term shall not include overnight accommodations,

weddings, concerts or provisions for food and beverage

services.

"Agritourism activity provider." A person who owns,

operates, provides or sponsors an agritourism activity, whether

or not for a fee, or an employee of such a person.

"Dangerous condition." A condition that creates an imminent

and substantial risk of injury or damages to a participant.

"Participant." An individual, other than an employee of an

agritourism activity provider, who engages in an agritourism

activity.

Section 3. Limited civil liability for agritourism activity

providers.

(a) Liability.--Except as otherwise provided by subsection

(b), an agritourism activity provider shall not be civilly

liable for injury or damages to a participant if:

(1) at the time of the agritourism activity from which

the injury or damages occurred, a warning sign was posted in

accordance with section 4; and

(2) the agritourism activity provider entered into a

written agreement with the participant in accordance with

section 5 with respect to the agritourism activity from which

the injury or damages occurred.

(b) Exceptions.--An agritourism activity provider shall not

be immune from civil liability for injury or damages if any of

the following apply:

(1) The agritourism activity provider performs an act in

a grossly negligent manner and causes injury or damages to a

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participant.

(2) The agritourism activity provider purposefully

causes the injury or damages to a participant.

(3) The agritourism activity provider's action or

inaction constitutes criminal conduct and causes the injury

or damages to a participant.

(4) The agritourism activity provider recklessly fails

to warn or guard against a dangerous condition that causes

injury or damages to a participant.

Section 4. Notice of limited civil liability.

(a) Notice.--For the purpose of providing notice of the

limited liability under section 3, an agritourism activity

provider shall post and maintain a sign with a warning notice in

accordance with subsection (b). The agritourism activity

provider shall post the sign in a clearly visible location at or

near each entrance to the farm or at the site of each

agritourism activity.

(b) Contents.--The warning notice shall consist of a sign

that is at least three feet by two feet in dimension and states

the following:

"WARNING: Read your written agreement or the back of

your ticket. Under Pennsylvania law, except for limited

circumstances, an agritourism activity provider is not

liable for any injury to or death of a participant

resulting from an agritourism activity. Do not

participate in the activity if you do not wish to waive

liability."

Section 5. Acknowledgment of limited civil liability.

For the purpose of enforcing the limited liability under

section 3, a written agreement between an agritourism activity

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provider and a participant shall be enforceable if the written

agreement meets all the following criteria:

(1) The written agreement is signed before the

participant engages in an agritourism activity.

(2) The written agreement is signed by the participant

or, if the participant is a minor or care-dependent person,

the participant's parent or guardian.

(3) The written agreement is in a document separate from

any other agreement between the participant and the

agritourism activity provider, except for a document that

includes a different warning, consent or assumption of risk

statement.

(4) The written agreement is printed in not less than

10-point bold type.

(5) The written agreement contains the following

language:

"AGREEMENT AND WARNING: I understand and acknowledge

that, except for limited circumstances listed below,

an agritourism activity provider is not liable for

any injury to or death of a participant resulting

from an agritourism activity. I understand that I

have accepted all risk of injury, death, property

damage and other loss that may result from an

agritourism activity. I understand that an

agritourism activity provider is not protected from

liability if the provider:

(1) Performs an act in a grossly negligent

manner and causes injury or damages to a participant.

(2) Purposefully causes a participant's injury.

(3) Acts or fails to act in a way that

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constitutes criminal conduct.

(4) Recklessly fails to warn or guard against a

dangerous condition that causes injury or damages to

a participant. A dangerous condition is a condition

that creates an imminent and substantial risk of

injury or damages to a participant."

(6) Notwithstanding paragraphs (1), (2), (3) and (4), a

written agreement that contains substantially the same

language under paragraph (5) may be printed on a ticket

required for access to an agritourism activity.

Section 6. Applicability.

This act shall apply to any cause of action that arises on or

after the effective date of this section.

Section 7. Effective date.

This act shall take effect in 60 days.

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