AB 746

This bill provides immunity from civil liability to an agricultural tourism

provider for the death of or injury to a participant in an agricultural tourism activity

under certain circumstances. The bill defines "agricultural tourism provider" to

mean a person who operates, provides, or demonstrates an agricultural tourism

activity. The bill defines "agricultural tourism activity" to mean an educational or

recreational activity that takes place on a farm, ranch, grove, or other place where

agricultural, horticultural, or silvicultural crops are grown or farm animals or

farmed fish are raised, and that 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, or husbandry that occurs on the

farm, ranch, grove, or other place.

The bill extends liability protection to the agricultural tourism provider if the

participant's death or injury occurs as a result of a risk inherent in the agricultural

tourism activity and the agricultural tourism provider posts and maintains, in a

clearly visible location at the entrance to the property or at the location of each

agricultural tourism activity, a sign that contains a notice concerning the risk

inherent in the agricultural tourism activity. The bill defines "risk inherent in an

agricultural tourism activity" as a danger or condition that is an integral part of an

agricultural tourism activity, including the surface or subsurface conditions of the

land and the natural condition of vegetation and water on the property; the

unpredictable behavior of wild, domestic, or farm animals on the property; the

ordinary dangers of structures or equipment ordinarily used where agricultural,

horticultural, or silvicultural crops are grown or farm animals or farmed fish are

raised; and the possibility that a participant in an agricultural tourism activity may

act in a negligent manner that may contribute to the injury to that participant or

another participant.

The bill withholds immunity from civil liability to an agricultural tourism

provider if any of the following circumstances apply: 1) the agricultural tourism

provider fails to post a sign warning of a dangerous, but inconspicuous, condition

known to the provider on the property; the agricultural tourism provider owns or is

in lawful control of the property; and the death or injury is caused by the dangerous

inconspicuous condition; 2) the agricultural tourism provider acts with willful or

wanton disregard for the safety of the participant; or 3) the agricultural tourism

provides intentionally causes the participant's injury or death.