07 LC 14
9618
House
Bill 584
By:
Representatives Hill of the
21st,
McCall of the
30th,
and England of the
108th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating
to sale of agricultural and forest products, so as to provide for the regulation
of agritourism activities; to provide for legislative intent; to provide for
definitions; to provide for limitations regarding liability; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
14 of Title 2 of the Official Code of Georgia Annotated, relating to sale of
agricultural and forest products, is amended by adding a new article to read as
follows:
"ARTICLE
8
2-14-170.
The
General Assembly recognizes that persons who patronize farms offering
agritourism activities may incur injuries as a result of inherent risks involved
in such activities. The General Assembly also finds that this state and its
citizens derive numerous economic, educational, environmental, cultural and
personal benefits from such activities. The General Assembly finds, determines,
and declares that this article is necessary for the immediate preservation of
the public peace, health, and safety. It is, therefore, the intent of the
General Assembly to encourage agritourism activities by limiting the civil
liability of farmers involved in such activities.
2-14-171.
As
used in this article, the term:
(1)
'Agritourism' means any activity:
(A)
Carried out on property that is a 'bona fide conservation use property' as that
term is defined by Code Section 48-5-7.4; provided, however, that property
exceeding 2,000 acres shall be entitled to the protection provided by this Code
section so long as the property meets the other requirements of Code Section
48-5-7.4; and
(B)
Allowing members of the public, for recreational, entertainment, or educational
purposes, to use, view, or enjoy agricultural property, machinery, resources,
goods, domesticated and wild animals, history, or culture.
An
activity is an agritourism activity whether or not the participant paid to
participate in the activity.
(2)
'Agritourism professional' means a person, actual or corporate, who, for
educational benefit, financial gain, or consideration, leads, hosts, or
supervises agritourism activities, or owns, leases, or rents agricultural
property on which agritourism activities occur. As used in this article,
'agritourism professional' shall include all agents, employees, and
representatives of the agritourism professional.
(3)
'Inherent risks of agritourism activity' means those dangers or conditions
associated with agritourism activities that are known to reasonable persons.
Such dangers include, but are expressly not limited to, surface and subsurface
conditions; natural conditions of land, vegetation, and waters; the behavior of
wild or domestic animals; the ordinary dangers of structures or equipment
ordinarily used in farming and ranching operations; and the potential of a
participant to act in a negligent manner that may contribute to the injury to
the participant or others.
(4)
'Participant' means any person who enters the agricultural property, singly or
with a group, to engage in agritourism activities.
2-14-172.
(a)
Except as provided in subsection (b) of this Code section, an agritourism
professional shall not be liable for an injury to or the death of a participant
resulting from that participant´s failure to follow instructions given by
the agritourism professional, failure to exercise reasonable caution while
engaging in the agritourism activity, or the inherent risks of agritourism
activities, except as provided in subsection (b) of this Code
section.
(b)
Nothing in subsection (a) of this Code section shall prevent or limit the
liability of an agritourism professional if that agritourism
professional:
(1)
Commits an act or omission of gross negligence that injures the
participant;
(2)
Commits an act or omission that causes an injury to the participant and
constitutes the willful or wanton disregard for the safety of the participant;
or
(3)
Intentionally injures the participant.
(c)
Nothing in this Code section shall be interpreted to bar or limit any product
liability claim arising under the laws of Georgia.
2-14-173.
(a)
Every agritourism professional shall post and maintain signs which contain the
warning notice specified in subsection (b) of this Code section. Such signs
shall be placed in a clearly visible location at the entrance of the agritourism
activity and arenas where the agritourism professional conducts agritourism
activities. The warning notice specified in subsection (b) of this Code section
shall appear on the sign in black letters, with each letter to be a minimum of
one inch in height. Every written contract entered into by an agritourism
professional for the providing of professional services, instruction, or the
rental of equipment to a participant, whether or not the contract involves
agritourism activities on or off the location or site of the agritourism
professional´s or the agritourism activity sponsor´s business, shall
contain in clearly readable print the warning notice specified in subsection (b)
of this Code section.
(b)
The signs and contracts described in subsection (a) of this Code section shall
contain the following warning notice:
'WARNING
Under
Georgia law, an agritourism professional is not liable for an injury to or the
death of a participant in agritourism activities resulting from the inherent
risks of agritourism activities, pursuant to Article 8 of Chapter 14 of Title 2
of the Official Code of Georgia Annotated.'
(c)
Failure to comply with the requirements concerning warning signs and notices
provided in this Code section shall prevent an agritourism activity sponsor or
agritourism professional from invoking the privileges of immunity provided by
this article."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.