House File 673
HOUSE FILE
BY FREEMAN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for limitations on the liability of guest farms.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 2354HH 80
4 da/cl/14
PAG LIN
1 1 Section 1. NEW SECTION. 673A.1 DEFINITIONS.
1 2 1. "Claim" means a claim, counterclaim, cross=claim,
1 3 complaint, or cause of action recognized by the Iowa rules of
1 4 civil procedure and brought in court on account of damage to
1 5 or loss of property or on account of personal injury or death.
1 6 2. "Commodity" includes but is not limited to livestock,
1 7 crops, fiber, or food, such as vegetables, nuts, seeds, honey,
1 8 eggs, or milk existing in an unprocessed state, which is
1 9 produced for human or livestock consumption.
1 10 3. "Farm" means land and improvements where commodities
1 11 are produced.
1 12 4. "Farm animal" means an animal as defined in section
1 13 717A.1.
1 14 5. "Farmer" means a person who holds a legal or equitable
1 15 interest in a farm, or a family member, employee, agent, or
1 16 contractor of such person.
1 17 6. "Guest farm" means a business in which members of the
1 18 public are invited as paying guests to witness or participate
1 19 in activities associated with the operation of a farm,
1 20 including the production of crops and the care and feeding of
1 21 farm animals.
1 22 7. "Inherent risk associated with a farming operation"
1 23 means a condition or activity that is an integral part of
1 24 farming, including, but not limited to, the following:
1 25 a. An encounter with a hazardous condition, including by
1 26 being caught in wells or bodies of water, having contact with
1 27 fences, inhaling dust or gases, being trapped in structures,
1 28 being exposed to pesticides as defined in section 206.2, or
1 29 being hit or caught by grain or forage during movement.
1 30 b. The operation of machinery or equipment regardless of
1 31 whether the machinery is self=propelled or stationary,
1 32 including machinery or equipment used in the production,
1 33 harvesting, or storage of crops or resulting grain or forage;
1 34 the care and feeding of farm animals; or the collection or
1 35 preservation of milk or eggs.
2 1 c. The use of tools, implements, or tack, including but
2 2 not limited to prods, hooks, blades, carpentry tools, drills,
2 3 saws, and welding torches.
2 4 d. Contact with a farm animal which belongs to a species
2 5 which may buck, bite, stumble, rear, trample, scratch, peck,
2 6 fall, kick, claw, or butt.
2 7 Sec. 2. NEW SECTION. 673A.2 LIABILITY.
2 8 Except as provided in section 673A.3, a farmer is not
2 9 liable for the damages, injury, or death suffered by a guest
2 10 on the property of a guest farm from an inherent risk
2 11 associated with a farming operation, as provided in this
2 12 section. In order for a farmer not to be found liable as
2 13 provided in this section, the farmer and guest farm must be
2 14 licensed to the extent required by state law, including but
2 15 not limited to chapter 137C. In addition, all of the
2 16 following must apply:
2 17 1. The guest must be notified of the inherent risks
2 18 associated with farming operations. Notification shall be
2 19 accomplished as follows:
2 20 a. A sign must be conspicuously posted and maintained at a
2 21 location where a guest first enters the property of the guest
2 22 farm. The sign must be clearly visible to guests. The notice
2 23 shall appear in black letters a minimum of one inch high and
2 24 in the following form:
2 25 WARNING
2 26 UNDER IOWA LAW, YOU ARE ENTERING A GUEST FARM. THIS IS A
2 27 WORKING FARM. UNDER IOWA LAW A FARMER IS NOT LIABLE FOR
2 28 DAMAGES SUFFERED BY, AN INJURY TO, OR THE DEATH OF A GUEST
2 29 RESULTING FROM THE INHERENT RISKS OF A FARMING OPERATION,
2 30 PURSUANT TO IOWA CODE CHAPTER 673A. YOU ARE ASSUMING THESE
2 31 INHERENT RISKS BY ENTERING ONTO THIS GUEST FARM.
2 32 b. The guest must sign a disclaimer document prior to
2 33 participating in an activity which includes an inherent risk
2 34 associated with a farming operation. The disclaimer must
2 35 state the following:
3 1 DISCLAIMER
3 2 You are a guest of this working farm. A guest farm
3 3 contains a number of inherent risks associated with farming
3 4 operations. You may be exposed to conditions and activities,
3 5 the operation of machinery or equipment, the use of tools, and
3 6 contact with farm animals that require a level of familiarity
3 7 or ability that you may not possess. By signing this document
3 8 you are assuming these risks and are waiving rights to legal
3 9 action in the event that you suffer economic or physical
3 10 injury.
3 11 2. The guest must fail to exercise reasonable care, take
3 12 adequate precautions, or use adequate control when assuming an
3 13 inherent risk associated with a farming operation, including
3 14 by failing to abide by notices or instructions provided by the
3 15 farmer, or failing to maintain reasonable control or failing
3 16 to act in a manner consistent with the guest's abilities.
3 17 Sec. 3. NEW SECTION. 673A.3 LIABILITY == EXCEPTIONS.
3 18 Section 673A.2 shall not apply to a farmer to the extent
3 19 that the claim based on damages, injury, or death is caused by
3 20 any of the following:
3 21 1. An act by the farmer which is committed intentionally,
3 22 recklessly, or while under the influence of alcohol, drugs,
3 23 narcotics, chemicals, or other type of material which impairs
3 24 the farmer's judgment.
3 25 2. A hazardous condition if the farmer knew or reasonably
3 26 should have known of the condition and did not provide the
3 27 guest with adequate notice about avoiding the condition or
3 28 provide the guest with instruction required to minimize its
3 29 associated risks.
3 30 3. A structure which is in unsound condition, machinery or
3 31 equipment which is in a defective or faulty condition, or
3 32 tools, implements, or tack which is in a defective or faulty
3 33 condition, and if the farmer knew or reasonably should have
3 34 known of the condition of the structure, machinery or
3 35 equipment, or tools, implements, or tack.
4 1 4. The failure of a farmer to notify a guest of a
4 2 dangerous latent condition on the property of the guest farm,
4 3 which was known or should have been known by the farmer. The
4 4 notice may be made by posting a clearly visible warning sign
4 5 on the property.
4 6 5. Any condition or activity occurring in circumstances in
4 7 which a reasonable person who is alert to inherent risks of
4 8 farming operations would not expect damages, an injury, or
4 9 death to result from the condition or activity.
4 10 6. Contact between a farm animal and a guest which occurs
4 11 in a place or at a time where contact between the farm animal
4 12 and a guest is not designated or intended to occur.
4 13 7. An attack by a farm animal with a known propensity to
4 14 attack persons, if the farmer invited the guest to be within
4 15 an area where the farm animal could approach the guest.
4 16 EXPLANATION
4 17 This bill limits the liability of persons involved in guest
4 18 farms. A guest farm is a business in which members of the
4 19 public are invited as paying guests to witness or participate
4 20 in activities associated with the operation of a farm,
4 21 including the production of crops and the care and feeding of
4 22 farm animals. It provides that a guest is barred from
4 23 bringing a legal claim based on damages, injury, or death
4 24 arising from inherent risks associated with a farming
4 25 operation, including hazardous conditions on farm property,
4 26 the operation of machinery or equipment, the use of tools,
4 27 implements, or tack, and contact with farm animals. The guest
4 28 farm and the farmer must be licensed to the extent required by
4 29 state law. In addition, the guest must be notified of the
4 30 inherent risks associated with farming operations or the guest
4 31 must fail to exercise reasonable care, take adequate
4 32 precautions, or use adequate control when assuming an inherent
4 33 risk associated with a farming operation. The notification
4 34 must be accomplished by posting and maintaining a sign at the
4 35 location where the guest first enters the property. In
5 1 addition, if the guest is to participate in a farming activity
5 2 which includes an inherent risk, the guest must sign a
5 3 disclaimer statement.
5 4 There are a number of exceptions to the bar against
5 5 liability. A farmer is liable for acts committed
5 6 intentionally, recklessly, or under the influence of alcohol
5 7 or drugs; for failing to provide special notice of a hazardous
5 8 condition; for structures which are unsound, machinery or
5 9 equipment which is defective or faulty, and for tools,
5 10 implements, or tack which is defective or faulty; for failing
5 11 to notify a guest of a dangerous latent condition; for a
5 12 condition or activity which surprises a guest who is alert to
5 13 risks associated with farming operations; contact between a
5 14 farm animal and a guest which occurs in an inappropriate place
5 15 or at an impropriate time; and an attack by a farm animal with
5 16 a known propensity to attack persons.
5 17 LSB 2354HH 80
5 18 da/cl/14