SB 1479: California Agritourism Promotion Act: agritourism civil liability.

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 persons want of ordinary care or skill in the management of their property or person, except as specified.

This bill would enact the California Agritourism Promotion Act and would define agritourism activity as an activity carried out on a farm, ranch, or other 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 professional to include a warning notice on signs at the agritourism location and in certain contracts, 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 fails to include the warning notice in the above-mentioned signs or contracts, 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 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 in order to invoke this privilege of immunity.