§ 18-60-107 — Liability for injuries in gathering farm products - Definition

(a) No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person who is on that land or premises for the purpose of gleaning agricultural or farm products, unless that person's injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee. (b) No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person, other than an employee or contractor of the owner, tenant, or lessee, who is on the land or premises for the purpose of picking and purchasing agricultural or farm products at a farm or "u-pick" operation, unless the person's injuries were caused by a condition which involved an unreasonable risk of harm and all of the following apply: (1) The owner, tenant, or lessee knew or had reason to know of the condition or risk; (2) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe or to warn the person of the condition or risk; and (3) The person injured did not know or did not have reason to know of the condition or risk. (c) As used in this section, "agricultural or farm products" means the natural products of the farm, nursery, grove, orchard, vineyard, garden, and apiary, including, but not limited to, trees and firewood.

Legislative History

Acts 1989, No. 101, § 1.