AB 2635

Bill Subjects

California Agritourism Liability Act Agritourism Civil Liability

Abstract

Existing law provides for the direct marketing of agricultural products, including through certified farmers' markets. Existing law generally provides that everyone is responsible, not only for the result of their willful acts, but also for an injury occasioned to another by that person's want of ordinary care or skill in the management of their property or person, except as specified. This bill, the California Agritourism Liability Act, would define "agritourism activity" as an activity carried out on a farm, ranch, or rural land whose primary business activity is agriculture or ranching and that allows members of the general public to view, enjoy, and participate in rural activities, as provided. The bill would require an agritourism operator to include a warning notice on signs at the agritourism location, as specified. The bill would exempt an agritourism professional from civil liability for injury, loss, damage, or death of a participant of an agritourism activity resulting exclusively from an inherent risk of agritourism activity, as defined, unless the agritourism professional commits an act or omission that is grossly negligent or constitutes willful or wanton disregard for the safety of a participant, has actual knowledge or reasonably should have known of an existing dangerous condition on the land, facilities, or equipment, or dangerous propensity of a particular animal and does not make the danger known to a participant, or knowingly permits participants to use facilities or engage in agritourism activities while under the influence of alcohol or drugs. The bill would require the agritourism professional to plead the affirmative defense of assumption of the risk of agritourism activity.