Iowa Code 673A.7 – Limitation on liability — exceptions
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 673A.7
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
673A.7 Limitation on liability — exceptions.
The limitation on liability provided in § 673A.4 and the affirmative defense authorized under § 673A.5 do not apply to the extent that all of the following conditions are met:
1. An injury, loss, or death suffered by an agricultural tourist was caused by the act or omission of an agricultural tourism farmer, an agricultural tourism professional, or a person engaged in farming on the agricultural tourism farm.
2. The act or omission described in subsection 1 was any of the following:
a. Illegal.
b. Intentional.
c. The result of willful misconduct, gross negligence or incompetence amounting to such lack of care as to amount to wanton neglect for the safety of another, or recklessness.
d. Due to intoxication by alcohol, a drug, or a combination of such substances.
e. The result of a failure to notify an agricultural tourist of a dangerous latent condition on the farm, including a building or other structure, or equipment or machinery regardless of whether it was operational, if the dangerous latent condition was known or should have been known by the agricultural tourism farmer or agricultural tourism professional.
f. A condition or event existing at the agricultural tourism farm that was not reasonably foreseeable by a person generally familiar with farming, even though such condition or farming activity would have been foreseeable at another type of agricultural tourism farm.
2021 Acts, ch 104, §9
The limitation on liability provided in § 673A.4 and the affirmative defense authorized under § 673A.5 do not apply to the extent that all of the following conditions are met:
1. An injury, loss, or death suffered by an agricultural tourist was caused by the act or omission of an agricultural tourism farmer, an agricultural tourism professional, or a person engaged in farming on the agricultural tourism farm.
2. The act or omission described in subsection 1 was any of the following:
a. Illegal.
b. Intentional.
c. The result of willful misconduct, gross negligence or incompetence amounting to such lack of care as to amount to wanton neglect for the safety of another, or recklessness.
d. Due to intoxication by alcohol, a drug, or a combination of such substances.
e. The result of a failure to notify an agricultural tourist of a dangerous latent condition on the farm, including a building or other structure, or equipment or machinery regardless of whether it was operational, if the dangerous latent condition was known or should have been known by the agricultural tourism farmer or agricultural tourism professional.
f. A condition or event existing at the agricultural tourism farm that was not reasonably foreseeable by a person generally familiar with farming, even though such condition or farming activity would have been foreseeable at another type of agricultural tourism farm.
2021 Acts, ch 104, §9