Sec. 11. Section 10 of this chapter does not prevent or limit the liability of an agritourism provider:

(1) who has actual knowledge or reasonably should have known of:

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Terms Used In Indiana Code 34-31-9-11

  • agritourism activity: means :

    Indiana Code 34-31-9-2

  • agritourism provider: means a person who provides the opportunity for agritourism activities whether or not the participant pays to participate in the activity. See Indiana Code 34-31-9-3
  • land: means all real property, land, and water including all structures, fixtures, equipment, and machinery located on the property. See Indiana Code 34-31-9-5
  • participant: means any person, other than the agritourism provider, who engages in an agritourism activity. See Indiana Code 34-31-9-7
(A) a dangerous condition on the land, facilities, or equipment used in the agritourism activity; or

(B) the dangerous propensity of a particular animal used in the agritourism activity;

and does not make the danger known to the participant and the danger proximately causes injury, damage, or death to the participant;

(2) who fails to properly train, or improperly or inadequately trains, employees who are actively involved in agritourism activities and an act or omission of the employee proximately causes injury, damage, or death to the participant;

(3) who commits an act or omission that:

(A) constitutes willful or wanton disregard for the safety of the participant; and

(B) caused the injury or death of the participant; or

(4) who intentionally injures the participant.

As added by P.L.3-2011, SEC.1.

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