RCW 4.24.832
Agritourism—Immunity.
(1)(a) Except as provided in subsection (2) of this section, an agritourism professional is not liable for injury, loss, damage, or death of a participant resulting exclusively from any of the inherent risks of agritourism activities.
(b) Except as provided in subsection (2) of this section, no participant or participant's representative may pursue an action 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.
(c) 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.
(2) Nothing in subsection (1) of this section 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 is grossly negligent or constitutes willful or wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage, or death to the participant.
(b) Has actual knowledge or reasonably should have known of an existing dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity and does not make the danger known to the participant and the danger proximately causes injury, damage, or death to the participant.
(c) Permits minor participants to use facilities or engage in agritourism activities that are not reasonably appropriate for their age. This provision shall not be interpreted to relieve a parent or guardian of a minor participant of the duty to reasonably supervise the minor's participation in agritourism activities, including assessing whether the minor's participation in an agritourism activity is reasonably appropriate for his or her age.
(d) Knowingly permits participants to use facilities or engage in agritourism activities while under the influence of alcohol or drugs.
(e) Fails to warn participants as required by RCW 4.24.835.
(3) 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.
[ 2017 c 227 § 3.]
NOTES:
Finding—2017 c 227: "The legislature finds that agriculture plays a substantial role in the economy, culture, and history of Washington state. As an increasing number of Washington's citizens are removed from day-to-day agricultural experiences, agritourism provides a valuable opportunity for the public to interact with, experience, and understand agriculture. In addition, agritourism opportunities provide valuable options for farmers and ranchers and rural residents to maintain their operations and continue a traditional economic development opportunity in rural areas. Inherent risks exist on farms and ranches, some of which cannot be reasonably eliminated. Uncertainty of potential liability associated with inherent risks has a negative impact on the establishment and success of agritourism operations." [ 2017 c 227 § 1.]
Structure Revised Code of Washington
Chapter 4.24 - Special Rights of Action and Special Immunities.
4.24.005 - Tort actions—Attorneys' fees—Determination of reasonableness.
4.24.010 - Action for injury or death of child.
4.24.020 - Action by parent for seduction of child.
4.24.040 - Action for negligently permitting fire to spread.
4.24.050 - Kindling of fires by persons driving lumber.
4.24.060 - Application of common law.
4.24.070 - Recovery of money lost at gambling.
4.24.080 - Action to recover leased premises used for gambling.
4.24.090 - Validity of evidence of gambling debt.
4.24.130 - Action for change of name—Fees.
4.24.140 - Action by another state to enforce tax liability.
4.24.141 - Action by another state to enforce tax liability—"Taxes" defined.
4.24.150 - Action for fines or forfeitures.
4.24.160 - Action for penalty—Amount of recovery.
4.24.170 - Judgment for penalty or forfeiture—Effect of collusion.
4.24.180 - Disposition of fines, fees, penalties and forfeitures—Venue.
4.24.235 - Physicians—Immunity from liability regarding safety belts.
4.24.250 - Health care provider filing charges or presenting evidence—Immunity—Information sharing.
4.24.260 - Health professionals making reports, filing charges, or presenting evidence—Immunity.
4.24.264 - Boards of directors or officers of nonprofit corporations—Liability—Limitations.
4.24.300 - Immunity from liability for certain types of medical care.
4.24.310 - Persons rendering emergency care or transportation—Definitions.
4.24.311 - Immunity from liability for certain care or assistance at scene of emergency or disaster.
4.24.330 - Action for damages caused by criminal street gang tagging and graffiti.
4.24.345 - Unlawfully summoning a law enforcement officer—Civil action.
4.24.410 - Dog handler using dog in line of duty—Immunity.
4.24.450 - Liability of operators for nuclear incidents—Definitions.
4.24.470 - Liability of officials and members of governing body of public agency—Definitions.
4.24.490 - Indemnification of state employees.
4.24.500 - Good faith communication to government agency—Legislative findings—Purpose.
4.24.530 - Limitations on liability for equine activities—Definitions.
4.24.540 - Limitations on liability for equine activities—Exceptions.
4.24.545 - Electronic monitoring or 24/7 sobriety program participation—Limitation on liability.
4.24.550 - Sex offenders and kidnapping offenders—Release of information to public—Website.
4.24.5501 - Sex offenders—Model policy—Work group.
4.24.551 - Law enforcement response to secure community transition facility—Limitation on liability.
4.24.555 - Release of information not restricted by pending appeal, petition, or writ.
4.24.560 - Defense to action for injury caused by indoor air pollutants.
4.24.570 - Acts against animals in research or educational facilities.
4.24.575 - Acts against animals kept for agricultural or veterinary purposes.
4.24.580 - Acts against animal facilities—Injunction.
4.24.590 - Liability of foster parents.
4.24.601 - Hazards to the public—Information—Legislative findings, policy, intent.
4.24.630 - Liability for damage to land and property—Damages—Costs—Attorneys' fees—Exceptions.
4.24.640 - Firearm safety program liability.
4.24.660 - Liability of school districts under contracts with youth programs.
4.24.670 - Liability of volunteers of nonprofit or governmental entities.
4.24.680 - Unlawful release of court and law enforcement employee information—Exception.
4.24.710 - Outdoor music festival, campground—Detention.
4.24.720 - Liability immunity—Amber alerts.
4.24.730 - Liability immunity—Disclosure of employee information to prospective employer.
4.24.740 - Liability immunity—Bovine handling activities.
4.24.790 - Electronic impersonation—Action for invasion of privacy.
4.24.800 - Liability immunity—Charitable donation of eyeglasses or hearing instruments.
4.24.820 - Nonrecognition of foreign order—Incompatibility with public policy.
4.24.830 - Agritourism—Definitions.
4.24.832 - Agritourism—Immunity.
4.24.835 - Agritourism—Warning notice.
4.24.850 - Action by victim of false reporting—Liability to a public agency.
4.24.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.