§ 99E-31. Liability. - North Carolina Statutes

§ 99E‑31.  Liability.

(a)        Except as providedin subsection (b) of this section, an agritourism professional is not liablefor injury to or death of a participant resulting from the inherent risks ofagritourism activities, so long as the warning contained in G.S. 99E‑32is posted as required and, except as provided in subsection (b) of thissection, no participant or participant's representative can maintain an actionagainst or recover from an agritourism professional for injury, loss, damage,or death of the participant resulting exclusively from any of the inherentrisks of agritourism activities. In any action for damages against anagritourism professional for agritourism activity, the agritourism professionalmust plead the affirmative defense of assumption of the risk of agritourismactivity by the participant.

(b)        Nothing insubsection (a) of this section prevents or limits the liability of anagritourism professional if the agritourism professional does any one or moreof the following:

(1)        Commits an act oromission that constitutes negligence or willful or wanton disregard for thesafety of the participant, and that act or omission proximately causes injury,damage, or death to the participant.

(2)        Has actual knowledgeor reasonably should have known of a dangerous condition on the land,facilities, or equipment used in the activity or the dangerous propensity of aparticular animal used in such activity and does not make the danger known tothe participant, and the danger proximately causes injury, damage, or death tothe participant.

(c)        Nothing insubsection (a) of this section prevents or limits the liability of anagritourism professional under liability provisions as set forth in Chapter 99Bof the General Statutes.

(d)        Any limitation onlegal liability afforded by this section to an agritourism professional is inaddition to any other limitations of legal liability otherwise provided by law.(2005‑236,s. 1.)