§ 34-31-9-11 — Exceptions to immunity for certain acts and omissions

Indiana § 34-31-9-11

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 31: LIMITED LIABILITY
• Ch. 9: Limited Liability Arising From Agritourism Activities

Text

Section 10 of this chapter does not prevent
or limit the liability of an agritourism provider:
(1) who has actual knowledge or reasonably should have known
of:
(A) a dangerous condition on the land, facilities, or equipment
used in the agritourism activity; or
(B) the dangerous propensity of a particular animal used in the
agritourism activity;
and does not make the danger known to the participant and the
danger proximately causes injury, damage, or death to the
participant;
(2) who fails to properly train, or improperly or inadequately
trains, employees who are actively involved in agritourism
activities and an act or omission of the employee proximately
causes injury, damage, or death to the participant;
(3) who commits an act or omission that:
(A) constitutes willful or wanton disregard for the safety of the
participant; and
(B) caused the injury or death of the participant; or
(4) who intentionally injures the participant.

Legislative History

As added by P.L.3-2011, SEC.1.