§2795.5. Limitation of liability; agritourism activities; definitions; exceptions; required
warning
A. As used in this Section, the following terms shall have the following meanings, unless
the context requires otherwise:
(1) "Agritourism" means the travel or visit by the general public to, or the practice of
inviting the general public to travel to or visit, a working farm, ranch, or other commercial
agricultural, aquacultural, horticultural, or forestry operation for the purpose of enjoyment,
education, or participation in the activities of the farm, ranch, or other agricultural, aquacultural,
horticultural, or forestry operation.
(2) "Agritourism activities" means those activities related to agritourism as defined in
rules and regulations adopted by the commissioner of agriculture and forestry in accordance with
the Administrative Procedure Act, and which the conduct of any such activity is set forth in a plan
of operation approved by the director of the Louisiana Cooperative Extension Service of the
Louisiana State University Agricultural Center or his designee.
(3) "Agritourism professional" means any person and his employees or authorized agents
who offer or conduct one or more agritourism activities for agritourism purposes.
(4) "Inherent risks of agritourism activity" means those conditions, dangers, or hazards
that are an integral part of an agritourism activity, including surface and subsurface conditions of
land and water; natural conditions of vegetation; the behavior of wild or domestic animals; those
arising from the form or use of structures or equipment ordinarily used on a working farm, ranch,
or other commercial agricultural, aquacultural, horticultural, or forestry operation; and the
mistakes or negligent acts of a participant that may contribute to injury to the participant or
others, including failing to follow instructions given by the agritourism professional or failing to
exercise reasonable caution while engaging in the agritourism activity.
(5) "Participant" means any person, other than an agritourism professional, who engages
in an agritourism activity, even if that person did not pay to participate in the agritourism activity.
B.(1) Except as provided in Paragraph (2) of this Subsection, an agritourism professional
is not liable for injury to or death of a participant resulting from the inherent risks of agritourism
activities, so long as the warning contained in Subsection C of this Section is posted as required
and, except as provided in Paragraph (2) of this Subsection, no participant or participant's
representative can maintain an action against or recover from an agritourism professional for
injury, loss, damage, or death of the participant resulting exclusively from any of the inherent
risks of agritourism activities. In any action for damages arising out of an agritourism activity
against an agritourism professional, the agritourism professional shall plead the provisions of this
Section as an affirmative defense.
(2) Nothing contained in Paragraph (1) of this Subsection prevents or limits the liability
of an agritourism professional, if the agritourism professional does any one or more of the
following:
(a) Commits an act or omission that constitutes willful or wanton disregard for the safety
of the participant and that act or omission caused injury, damage, or death to the participant.
(b) Intentionally injures the participant.
(c) Owns, leases, rents, or otherwise is in lawful possession and control of the land or
facility upon which the participant sustained injuries because of a dangerous latent condition,
including but not limited to the dangerous propensity of a particular animal used in such activity,
which was known or should have been known to the agritourism professional and for which
warning signs have not been conspicuously posted.