Limitations on liability of agri-tourism professional
- • exceptions
(1) Except as provided in subsections (2) and (3) of this section, an agri-tourism professional that posts the notices required under ORS 30.677 (Notice) is not liable for an injury to or the death of a participant arising from the inherent risks of an agri-tourism activity.
(2) Subsection (1) of this section does not limit the liability of an agri-tourism professional if the agri-tourism professional:
(a) Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission is a cause of injury to the participant;
(b) Intentionally injures the participant;
(c) Provides equipment to the participant and fails to make reasonable inspection of the equipment, and that failure is a cause of the injury to the participant;
(d) Fails to make reasonable inspection of the property on which the agri-tourism activity occurs, and that failure is a cause of the injury to the participant;
(e) Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity, or of the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the participant, and the danger causes injury, damage or death to the participant; or
(f) Fails to obtain necessary authorization for the agri-tourism activity under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties).
(3) Subsection (1) of this section does not limit the liability of an agri-tourism professional under the product liability provisions of ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable). [2015 c.535 §2]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.