Okla. Stat. tit. 2, § 2-5-16
This is the official text of Okla. Stat. tit. 2, § 2-5-16, part of Oklahoma’s Stat. tit. 2, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 2,." Browse the sections below, each linked to its official government source.
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Liability of agritourism professionals and exceptions
Official statutory text
A. Except as provided in subsection B of this section, 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 Section 4 of this
act is posted as required and, except as provided in subsection B of
this section, 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 against an agritourism
professional for agritourism activity, the agritourism professional
must plead the affirmative defense of assumption of the risk of
agritourism activity by the participant.
B. Nothing in subsection A of this section prevents or limits
the liability of an agritourism professional if the agritourism
professional does any one or more of the following:
1. Commits an act or omission that constitutes negligence or
willful or wanton disregard for the safety of the participant, and
that act or omission proximately causes injury, damage, or death to
the participant;
2. Has actual knowledge or reasonably should have known of a
dangerous condition on the land, facilities, or equipment used in
the activity or the dangerous propensity of a particular animal used
in such activity and does not make the danger known to the
participant, and the danger proximately causes injury, damage, or
death to the participant.
C. Any limitation on legal liability afforded by this section
to an agritourism professional is in addition to any other
limitations of legal liability otherwise provided by law.
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 Section 4 of this
act is posted as required and, except as provided in subsection B of
this section, 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 against an agritourism
professional for agritourism activity, the agritourism professional
must plead the affirmative defense of assumption of the risk of
agritourism activity by the participant.
B. Nothing in subsection A of this section prevents or limits
the liability of an agritourism professional if the agritourism
professional does any one or more of the following:
1. Commits an act or omission that constitutes negligence or
willful or wanton disregard for the safety of the participant, and
that act or omission proximately causes injury, damage, or death to
the participant;
2. Has actual knowledge or reasonably should have known of a
dangerous condition on the land, facilities, or equipment used in
the activity or the dangerous propensity of a particular animal used
in such activity and does not make the danger known to the
participant, and the danger proximately causes injury, damage, or
death to the participant.
C. Any limitation on legal liability afforded by this section
to an agritourism professional is in addition to any other
limitations of legal liability otherwise provided by law.
Status: in_force · Read it on the official government site
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