This chapter does not prevent or limit the liability of a registered agritourism operator if the operator:

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Terms Used In North Dakota Code 53-13-06

1.    Injures a participant willfully or through conduct that amounts to gross negligence; or

2.     a.    Has actual knowledge of or should have known of:

(1) A dangerous condition on property, including in a facility, at which a registered agritourism activity occurs; (2) A dangerous condition with respect to equipment used in the registered agritourism activity; or

(3) The dangerous propensity of a particular animal used in the registered agritourism activity; b.    Does not exercise ordinary care to remedy the danger or to warn a participant of the danger; and

c.    The danger causes injury to the participant or contributes to the injury of the participant.