98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3333

 

Introduced , by Rep. Norine Hammond

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Agritourism Limitation of Liability Act. Defines terms. Provides that a registered agritourism operator is not liable for injury to or death of a participant resulting from the inherent risks of a registered agritourism activity so long as warning signage is posted as required, and no participant or participant's representative may maintain an action against or recover from a registered agritourism operator for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of the registered activity. Provides that nothing in the new Act prevents or limits liability if the operator: (1) injures the participant by willful or wanton conduct; (2) has actual knowledge or should have known of a dangerous condition in the facilities or equipment used in the registered agritourism activity and does not make the dangerous condition known to a participant and the dangerous condition causes the participant to sustain injuries; or (3) fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances. Provides that in actions arising from the operation of a registered tourism activity in which an owner or operator is named as a defendant, it shall be an affirmative defense to that liability that: (1) the injured person assumed the risk; (2) the injured person deliberately disregarded conspicuously posted signs, verbal instructions, or other warnings regarding safety measures during the activity; or (3) any equipment, animals, or appliances used by the injured person during the activity were used in a manner or for a purpose other than that for which a reasonable person should have known they were intended. Directs the Department of Agriculture to adopt rules to implement the new Act.


LRB098 08831 HEP 38957 b

 

 

A BILL FOR

 

HB3333LRB098 08831 HEP 38957 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Agritourism Limitation of Liability Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Agritourism activity" means any activity which allows
8members of the general public, for recreational,
9entertainment, or educational purposes, to view or enjoy rural
10activities, including but not limited to farming activities,
11ranching activities, or historic, cultural, or natural
12attractions. An activity may be an agritourism activity whether
13or not the participant pays to participate in the activity. An
14activity is not an agritourism activity if the participant is
15paid to participate in the activity.
16    "Department" means the Illinois Department of Agriculture.
17    "Inherent risks of a registered agritourism activity"
18means those dangers or conditions which are an integral part of
19an agritourism activity, including but not limited to hazards
20such as surface and subsurface conditions; natural conditions
21of land, vegetation, and water; the behavior of wild or
22domestic animals; and ordinary dangers of structures or
23equipment ordinarily used in farming or ranching operations.

 

 

HB3333- 2 -LRB098 08831 HEP 38957 b

1"Inherent risks of a registered agritourism activity" includes
2the potential of a participant to act in a negligent manner
3that may contribute to injury to the participant or others,
4such as failing to follow instructions given by the registered
5agritourism operator or failing to exercise reasonable caution
6while engaging in the registered agritourism activity.
7    "Participant" means any person who engages in a registered
8agritourism activity.
9    "Registered agritourism activity" means any agritourism
10activity that is registered under this Act with the
11Department's Bureau of Marketing and Promotion.
12    "Registered agritourism location" means a specific parcel
13of land which is registered under this Act with the
14Department's Bureau of Marketing and Promotion and where a
15registered agritourism operator engages in registered
16agritourism activities.
17    "Registered agritourism operator" means any person who is
18engaged in the business of providing one or more agritourism
19activities and is registered under this Act with the Department
20of Agriculture's Bureau of Marketing and Promotion.
 
21    Section 10. Signage requirements.
22    (a) At every registered agritourism location, the
23registered agritourism operator shall post and maintain
24signage which contains the warning notice specified in
25subsection (c) of this Section. The requirements of this

 

 

HB3333- 3 -LRB098 08831 HEP 38957 b

1Section shall be deemed satisfied if the signage is placed in a
2clearly visible location at or near the registered agritourism
3location. The warning notice shall appear on the sign in black
4letters, with each letter at least one inch in height.
5    (b) Every written contract entered into by a registered
6agritourism operator for the providing of a registered
7agritourism activity shall contain in clearly readable print
8the warning notice and language specified in sub-section (c) of
9this Section.
10    (c) The required signage under this Section shall contain
11the following warning notice:
12    "WARNING: Under Illinois law, there is no liability for an
13injury or death of a participant in a registered agritourism
14activity conducted at this registered agritourism location if
15the injury or death results from the inherent risks of the
16agritourism activity. Inherent risks of agritourism activities
17include, but are not limited to, the potential of you as a
18participant to act in a negligent manner that may contribute to
19your injury or death and the potential of another participant
20to act in a negligent manner that may contribute to your injury
21or death. You are assuming the risk of participating in this
22registered agritourism activity.".
23    (d) Upon request, the registered agritourism operator
24shall provide to any participant a written description of the
25registered agritourism activity, as that term is defined in
26Section 5 of this Act, for which this Act limits the registered

 

 

HB3333- 4 -LRB098 08831 HEP 38957 b

1agritourism operator's liability at the registered agritourism
2location.
 
3    Section 15. Limitation of Liability.
4    (a) Except as provided in subsection (b) of this Section, a
5registered agritourism operator is not liable for injury to or
6death of a participant resulting from the inherent risks of a
7registered agritourism activity so long as the warning
8contained in Section 10 of this Act is posted as required, and,
9except as provided in subsection (b) of this Section, no
10participant or participant's representative may maintain an
11action against or recover from a registered agritourism
12operator for injury, loss, damage, or death of the participant
13resulting exclusively from any of the inherent risks of a
14registered agritourism activity.
15    (b) Nothing in this Act prevents or limits the liability of
16a registered agritourism operator if the registered
17agritourism operator:
18        (1) injures the participant by willful or wanton
19    conduct;
20        (2) has actual knowledge or should have known of a
21    dangerous condition in the facilities or equipment used in
22    the registered agritourism activity and does not make the
23    dangerous condition known to a participant and the
24    dangerous condition causes the participant to sustain
25    injuries; or

 

 

HB3333- 5 -LRB098 08831 HEP 38957 b

1        (3) fails to use that degree of care that an ordinarily
2    careful and prudent person would use under the same or
3    similar circumstances.
4    (c) In any action for damages for personal injury, death,
5or property damage arising from the operation of a registered
6tourism activity in which an owner or operator is named as a
7defendant, it shall be an affirmative defense to that liability
8that:
9        (1) the injured person assumed the risk;
10        (2) the injured person deliberately disregarded
11    conspicuously posted signs, verbal instructions, or other
12    warnings regarding safety measures during the activity; or
13        (3) any equipment, animals, or appliances used by the
14    injured person during the activity were used in a manner or
15    for a purpose other than that for which a reasonable person
16    should have known they were intended.
 
17    Section 20. Rulemaking authority. The Department shall
18adopt rules to implement this Act.