(1) Except as provided in subsections (2) and (3) of this section, an agri-tourism professional that posts the notices required under ORS § 30.677 is not liable for an injury to or the death of a participant arising from the inherent risks of an agri-tourism activity.

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(2) Subsection (1) of this section does not limit the liability of an agri-tourism professional if the agri-tourism professional:

(a) Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission is a cause of injury to the participant;

(b) Intentionally injures the participant;

(c) Provides equipment to the participant and fails to make reasonable inspection of the equipment, and that failure is a cause of the injury to the participant;

(d) Fails to make reasonable inspection of the property on which the agri-tourism activity occurs, and that failure is a cause of the injury to the participant;

(e) Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity, or of the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the participant, and the danger causes injury, damage or death to the participant; or

(f) Fails to obtain necessary authorization for the agri-tourism activity under ORS § 215.213 or 215.283.

(3) Subsection (1) of this section does not limit the liability of an agri-tourism professional under the product liability provisions of ORS § 30.900 to 30.920. [2015 c.535 § 2]

[1953 c.495 § 2; 1957 c.724 § 1; 1961 c.247 § 1; 1973 c.714 § 2; renumbered 659A.400 in 2001]