HB459 Alabama 2012 Session

Summary

Primary Sponsor

Thomas JacksonRepresentative

Democrat

Co-Sponsors

Joe FaustAlan BakerSteve ClousePaul W. LeeDonnie ChesteenMike JonesDexter Grimsley

Session

Regular Session 2012

Title

Tourism, limit the liability of an agritourism professional under certain circumstances

Summary

HB459 would limit how much liability agritourism professionals face for injuries tied to inherent risks, while requiring warnings and defining exceptions.

What This Bill Does

The bill mostly says agritourism professionals are not responsible for injuries that come from inherent risks of agritourism activities. Participants generally cannot sue for injuries from those inherent risks, unless specific exceptions apply. It also creates conditions under which a professional can still be liable (such as known dangerous conditions not obvious, inadequate employee training, intentional harm, or animal health violations) and requires posted warning notices at the entry or payment area.

Who It Affects

• Agritourism professionals (businesses offering agritourism activities) – generally protected from liability for inherent-risk injuries, with certain exceptions and a warning notice requirement.
• Participants (people taking part in agritourism activities) – may be limited in their ability to sue for injuries from inherent risks, but can pursue liability if one of the exceptions applies and must read the posted warning.

Key Provisions

• Definitions set for agricultural, agritourism activity, agritourism professional, inherent risks, participant, and person.
• General liability rule: unless an exception applies, an agritourism professional has no duty to inspect for inherent risks and cannot be held liable for injuries from those risks.
• Exceptions where liability can still apply: actual knowledge of a dangerous condition not open and obvious, or dangerous animal propensity not open and obvious; failure to properly train an employee involved in the activity; intentional injury by the professional; and failure to vaccinate or quarantine sick animals per health laws.
• Warning notice requirement: before offering an agritourism activity, a black-letter warning sign at least 1 inch tall must be posted in a clearly visible location at the main entrance or payment area, describing the risk and that participants assume the risk.
• Open and obvious doctrine: the act does not change or affect this doctrine; existing rules about obvious hazards remain.
• Effective date: the act takes effect on the first day of the third month after it is passed and signed into law.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Tourism