2013 Kentucky Revised Statutes CHAPTER 247 - PROMOTION OF AGRICULTURE AND HORTICULTURE 247.402 Warning of inherent risks -- Limitation of claims by participants -- Exceptions.
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247.402 Warning of inherent risks -- Limitation of claims by participants -Exceptions.
(1)
(2)
(3)
(4)
(5)
The inherent risks of farm animal activities are deemed to be beyond the
reasonable control of farm animal activity sponsors, farm animal professionals,
or other persons. Therefore, farm animal activity sponsors, farm animal
professionals, or other persons are deemed to have the duty to reasonably
warn participants in farm animal activities of the inherent risks of the farm
animal activities but not the duty to reduce or eliminate the inherent risks of
farm animal activities. Except as provided in subsections (2) and (3) of this
section, no participant or representative of a participant who has been
reasonably warned of the inherent risks of farm animal activities shall make any
claim against, maintain an action against, or recover from a farm animal activity
sponsor, a farm animal professional, or any other person for injury, loss,
damage, or death of the participant resulting from any of the inherent risks of
farm animal activities.
Nothing in subsection (1) of this section shall prevent or limit the liability of a
farm animal activity sponsor, a farm animal professional, or any other person if
the farm animal activity sponsor, farm animal professional, or person:
(a) Provided the equipment or tack, and knew or should have known that the
equipment or tack was faulty, and the equipment or tack was faulty to the
extent that it contributed to the injury;
(b) Provided the farm animal and failed to make reasonable and prudent
efforts to determine the ability of the participant to engage safely in the
farm animal activity and to safely manage the particular farm animal
based on the participant's representations of the participant's ability;
(c) Owns, leases, has authorized use of, rents, or otherwise is in lawful
possession and control of the land or facilities upon which the participant
sustained injuries because of a dangerous latent condition which was
known or should have been known to the farm animal activity sponsor,
farm animal professional, or person and for which warning signs have not
been conspicuously posted;
(d) Commits an act or omission that constitutes willful or wanton disregard for
the safety of the participant, and that act or omission caused the injury; or
(e) Negligently or wrongfully injures the participant.
Nothing in subsection (1) of this section shall prevent or limit the liability of a
farm animal activity sponsor or a farm animal professional under liability
provisions as set forth in the Product Liability Act of Kentucky found at KRS
411.300 to 411.340.
Nothing in subsection (1) of this section shall, in the event of a breach of duty
by a farm animal activity sponsor, farm animal professional, or other person;
(a) Limit the amount to be recovered for injuries resulting in death, or for
injuries to person or property; or
(b) Deny or delay a person's remedies in open court for injury done him in his
lands, goods, person, or reputation.
Adherence by a farm animal activity sponsor or farm animal professional to the
standards of care within the profession creates a rebuttable presumption that
(6)
the conduct of the farm animal activity sponsor or farm animal professional was
not negligent.
Compliance by a farm animal activity sponsor, farm animal professional, or
other person with the provisions of KRS 247.4027 creates the presumption that
the farm animal activity sponsor, farm animal professional, or other person has
given the participant reasonable notice of the inherent risks of farm animal
activities.
Effective:July 15, 1996
History: Created 1996 Ky. Acts ch. 78, sec. 5, effective July 15, 1996.
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