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ND HB1142
Bill
Status
4/27/2011
Primary Sponsor
Duane DeKrey
Click for details
AI Summary
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Creates a new chapter in North Dakota Century Code establishing liability protections for registered agritourism operators and defining inherent risks associated with agricultural tourism activities.
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Requires operators to register with the division of tourism at no cost, with registrations valid for 5 years and must include a description of the agritourism activity provided.
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Mandates registered operators post conspicuous notices and include written contract language informing participants they assume all inherent risks and the operator is not liable for injuries or death resulting from those risks.
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Participants assume inherent risks including land and water conditions, natural elements, animal behavior, farm equipment, and participant negligence, which operators may use as an affirmative defense in damage lawsuits.
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Preserves operator liability only for willful injury, gross negligence, or when the operator has knowledge of dangerous conditions or animal propensities and fails to warn participants or remedy the danger.
Legislative Description
Registered agritourism activity liability.
Last Action
Filed with Secretary Of State 04/27
4/28/2011