§ 78B-4-512 — Definitions -- Participation in an agritourism activity -- Limitations on civil liability -- Signage requirement.

Utah § 78B-4-512

• Jurisdiction: Utah
• Title 78B: Judicial Code
• Ch. 78B-4: Limitations on Liability
• Part 78B-4-5: Particular Limitations on Liability

Text

(1) As used in this section:
(1)(a) "Agricultural enterprise" means a farm, ranch, or other agricultural, aquacultural, horticultural, or forestry operation.
(1)(b) "Agritourism" means the combination of agricultural production with tourism to attract participants from the general public to an agricultural enterprise for the entertainment, recreation, or education of the participants.
(1)(c) "Agritourism activity" means an activity at an agricultural enterprise that a participant engages in or observes for recreation, education, or entertainment.
(1)(d) "Inherent risk of an agritourism activity" means a danger, hazard, or condition that is part of an agritourism activity, including:
(1)(d)(i) surface and subsurface conditions of land, vegetation, or water on the property;
(1)(d)(ii) unpredictable behavior of domesticated or farm animals on the property;
(1)(d)(iii) reasonable dangers of structures or equipment ordinarily used where agricultural or horticultural crops are grown or farm animals or farmed fish are raised;
(1)(d)(iv) behavior of insects or wildlife not owned or kept by the operator of the property;
(1)(d)(v) exposure to pathogens from animals, animal feed, animal waste, or other sources; or
(1)(d)(vi) negligent behavior by an individual other than the operator.
(1)(e) "Operator" means:
(1)(e)(i) a person who owns or manages an agricultural enterprise where a participant engages in or observes an agritourism activity;
(1)(e)(ii) a person who provides an agritourism activity at an agricultural enterprise; or
(1)(e)(iii) an employee of a person described in Subsection (1)(e)(i) or (ii).
(1)(f) (1)(f)(i) "Participant" means an individual, other than an operator, who engages in or observes an agritourism activity, regardless of whether the individual pays to engage in or observe the agritourism activity.
(1)(f)(ii) "Participant" does not mean an individual who is paid to participate in an agritourism activity.
(1)(g) "Property" means the real property where an agritourism activity takes place.
(2) (2)(a) Except as provided in Subsection (3), an operator may not be liable for an injury, illness, death, or damage to personal property of a participant that results from an inherent risk of an agritourism activity if the operator posts the signage described in Subsection (5).
(2)(b) An operator is not required to eliminate an inherent risk of an agritourism activity at the operator's agritourism activity.
(3) Nothing in Subsection (2):
(3)(a) limits the liability of an operator if the operator:
(3)(a)(i) acts or omits an act in gross negligence or willful or wanton disregard for the safety of a participant that proximately causes injury, illness, death, or damage to personal property of a participant;
(3)(a)(ii) has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities, or equipment used in the agritourism activity that proximately causes injury, illness, death, or damage to personal property of a participant;
(3)(a)(iii) has actual knowledge or reasonably should have known of the dangerous propensity of an animal used in an agritourism activity and does not make the danger known to the participant, and the danger proximately causes injury, illness, death, or damage to personal property of a participant; or
(3)(a)(iv) intentionally injures the participant;
(3)(b) prevents or limits the liability of an operator under a product liability law; or
(3)(c) negates assumption of risk as an affirmative defense.
(4) A limitation on legal liability afforded to an operator under Subsection (2) is in addition to any limitation of legal liability otherwise provided by law.
(5) An operator shall post and maintain, in a clearly visible location at each entrance to the property where an agritourism activity takes place or at the location of each agritourism activity, a sign that:
(5)(a) is printed in black letters, that are a minimum of one inch in height, on a white background; and
(5)(b) states, "WARNING: Under Utah law, an operator of an agritourism activity or the property where the activity takes place is not liable for the injury, illness, death, or damage to personal property of a participant that primarily results from the inherent risks of the activity or a participant's failure to follow instructions or exercise reasonable caution. You are assuming the risk of participating in or observing an agritourism activity."

Legislative History

Amended by Chapter 30, 2024 General Session