43-39-102 - Immunity from liability for injury or death. - Tennessee Statutes

43-39-102. Immunity from liability for injury or death.

(a)  Except as provided in subsection (b):

     (1)  No agritourism professional shall be liable for injury to or death of a participant resulting solely from the inherent risks of agritourism activities, as long as the warning contained in § 43-39-103(b) is posted as required; and

     (2)  No participant or participant's representative shall 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.

(b)  Nothing in subsection (a) prevents or limits the liability of an agritourism professional if the agritourism professional or any of its agents does any one (1) or more of the following:

     (1)  Commits an act or omission that constitutes reckless 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 the activity and does not make the danger known to the participant, and the danger proximately causes injury, damage or death to the participant;

     (3)  Fails to train, or improperly or inadequately trains, employees who are actively involved in agritourism activities, and an act or omission of the employee proximately causes injury, damage or death to the participant;

     (4)  Intentionally injures the participant; or

     (5)  Commits any other act, error or omission that constitutes willful or wanton misconduct, gross negligence or criminal conduct.

(c)  Nothing in subsection (a):

     (1)  Prevents or limits the liability of an agritourism professional under the product liability provisions in title 29, chapter 28; or

     (2)  Shall be construed so as to negate that assumption of the risk is an affirmative defense.

(d)  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.

[Acts 2009, ch. 498, § 3.]