102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0458

 

Introduced 2/19/2021, by Sen. Craig Wilcox

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Agritourism Liability Act. Provides that an agritourism operator is not liable for the injury or death of a participant resulting from the inherent risks of agritourism activities if the agritourism operator posts the prescribed warning notice. Provides that a participant assumes the inherent risks of an agritourism activity by engaging in the agritourism activity. Provides that no participant may pursue an action or recover from an agritourism operator for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agritourism activities. Provides that nothing prevents or limits the liability of an agritourism operator if the agritourism operator: (1) commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage, or death to the participant; or (2) has actual knowledge or reasonably should know of an unusual dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity, does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant. Provides that an agritourism operator shall post and maintain a warning notice in a clearly visible location at or near the entrance to the agritourism activity. Effective July 1, 2021.


LRB102 10155 LNS 15477 b

 

 

A BILL FOR

 

SB0458LRB102 10155 LNS 15477 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 Liability Act.
 
6    Section 5. Findings. The General Assembly finds that
7agriculture plays a substantial role in the economy, culture,
8and history of this State. As an increasing number of State
9citizens are removed from day-to-day agricultural experiences,
10agritourism provides a valuable educational opportunity for
11the public to interact with, experience, and understand
12agriculture. In addition, agritourism opportunities provide
13valuable options for agricultural producers and rural
14residents to maintain their operations and continue a
15tradition of economic development in rural areas. On farms and
16ranches, inherent risks exist that are essentially impossible
17for agritourism operators to eliminate. Uncertainty
18surrounding potential liabilities associated with inherent
19risks negatively impacts the establishment, growth, and
20success of agritourism operations. The purpose of this Act is
21to define areas of responsibility and liability for
22agritourism operators and participants.
 

 

 

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1    Section 10. Definitions. As used in this Act:
2    "Agritourism activity" means any activity carried out on a
3farm or ranch that allows members of the general public, for
4recreational, entertainment, or educational purposes, to view
5or enjoy rural activities. "Agritourism activity" includes,
6but is not limited to: farming; ranching; historic, cultural,
7and on-site educational programs; guided and self-guided
8tours; animal exhibitions; farm festivals; corn mazes;
9harvest-your-own operations; hayrides; fishing; hiking; and
10camping.
11    "Agritourism operator" means any person or business
12providing one or more agritourism activities, whether or not
13for compensation.
14    "Inherent risks of agritourism activity" means those
15dangers or conditions that are an integral part of an
16agritourism activity, such as surface and subsurface
17conditions, natural conditions of land, vegetation, waters,
18the behavior of wild or domestic animals or insects, and
19ordinary dangers of structures or equipment when the
20structures or equipment are being used or stored by an
21agritourism provider in a manner and for a purpose for which a
22reasonable person should know that structures or equipment is
23intended in the ordinary use on farming and ranching
24operations. "Inherent risks of agritourism activity" includes
25the potential of a participant to act in a negligent manner
26that may contribute to injury to the participant or others,

 

 

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1such as failing to follow instructions given by the
2agritourism operator or failing to exercise reasonable caution
3while engaging in the agritourism activity.
4    "Participant" means any person, other than the agritourism
5operator, who engages in an agritourism activity.
 
6    Section 15. Liability.
7    (a) Except as provided in Section 20, an agritourism
8operator is not liable for the injury or death of a participant
9resulting from the inherent risks of agritourism activities if
10the warning notice contained in Section 30 is posted as
11required.
12    (b) Except as provided in Section 20, a participant
13assumes the inherent risks of an agritourism activity by
14engaging in the agritourism activity.
15    (c) Except as provided in Section 20, no participant or
16participant's representative may pursue an action or recover
17from an agritourism operator for the injury, loss, damage, or
18death of the participant resulting from any of the inherent
19risks of agritourism activities.
 
20    Section 20. Exceptions.
21    Nothing in Section 15 prevents or limits the liability of
22an agritourism operator if the agritourism operator:
23        (1) commits an act or omission that constitutes
24    willful or wanton disregard for the safety of the

 

 

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1    participant, and that act or omission proximately causes
2    injury, damage, or death to the participant; or
3        (2) has actual knowledge or reasonably should know of
4    an unusual dangerous condition on the land, facilities, or
5    equipment used in the activity or the dangerous propensity
6    of a particular animal used in such an activity, does not
7    make the danger known to the participant, and the danger
8    proximately causes injury, damage, or death to the
9    participant.
 
10    Section 25. Immunity cumulative. Any limitation on legal
11liability afforded by Section 15 to an agritourism operator is
12in addition to any other limitations of legal liability
13otherwise provided by law.
 
14    Section 30. Signage. In a clearly visible location at or
15near the entrance to the agritourism activity, an agritourism
16operator shall post and maintain signage that contains the
17following warning notice:
 
18
"NOTICE

 
19You are assuming the risk of participating in this agritourism
20activity. Inherent risks associated with agritourism
21activities include, among others, risks of injury inherent to
22land, trees, plants, insects, equipment, weather, and animals,

 

 

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1as well as the potential that if you act in a negligent manner,
2injury to yourself or others may occur. Under State law, the
3agritourism operator is not liable for the injury or death of a
4participant in an agritourism activity resulting from the
5inherent risks of agritourism activities."
 
6    Section 99. Effective date. This Act takes effect July 1,
72021.