SB85 Alabama 2011 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2011

Title

Agritourism, liability of agritourism professional limited under certain circumstances, exceptions, warning notices at entrance to agritourism activity required under certain conditions

Summary

SB85 would limit agritourism professionals' liability for injuries or deaths due to inherent risks and require warning notices at entrances and in contracts, with specific exceptions.

What This Bill Does

It limits liability for injuries or deaths that result from inherent risks of an agritourism activity. It creates exceptions where liability can still apply, such as known dangerous conditions, inadequate training, willful or wanton conduct, or intentional injury. It requires a clearly visible warning sign at the main entrance and inclusion of the warning in written contracts when applicable. It does not apply if a participant is paid to participate, and it becomes law after a set effective date.

Who It Affects

• Agritourism professionals (operators, owners, employees, and agents): liability for inherent risks is limited, but exceptions can still trigger liability; must post a warning sign at the main entrance and include the warning in written contracts when applicable; the act does not apply if participants are paid to participate.
• Participants and their representatives: their ability to sue for injuries tied to inherent risks is narrowed by the liability limit, but claims may still be allowed under the specified exceptions; they must encounter the warning notice if present in contracts or at the site.

Key Provisions

• Liability limit: An agritourism professional may not be liable for injuries or death resulting from inherent risks of the activity, with defined exceptions.
• Exceptions: Liability can arise if there is actual knowledge of a dangerous condition not communicated to the participant, inadequate training of staff, willful or wanton disregard for safety, or intentional injury by the agritourism professional.
• Warning notices and contracts: A warning sign must be posted at the main entrance with a specific notice, and the notice must be included in written contracts between the professional and a participant when such a contract exists.
• Applicability and timing: The act does not apply if the participant is paid to participate, and there is an effective date three months after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Agritourism