§ 53-13-06 — Liability of registered agritourism operator

This chapter does not prevent or limit the liability of a registered agritourism operator if the
operator:

1. Injures a participant willfully or through conduct that amounts to gross negligence; or
2. a. Has actual knowledge of or should have known of:
(1) A dangerous condition on property, including in a facility, at which a
registered agritourism activity occurs;
(2) A dangerous condition with respect to equipment used in the registered
agritourism activity; or
(3) The dangerous propensity of a particular animal used in the registered
agritourism activity;
b. Does not exercise ordinary care to remedy the danger or to warn a participant of
the danger; and
c. The danger causes injury to the participant or contributes to the injury of the
participant.