SB306 Alabama 2012 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2012

Title

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

Summary

SB306 would limit agritourism professionals' liability to participants for injuries from inherent risks, with specific exceptions and requirements for warnings and contracts.

What This Bill Does

It limits the duty of care and liability of agritourism professionals for injuries that arise from inherent risks of agritourism activities. It requires warning notices to be posted and included in participant contracts under certain conditions. It provides exceptions where liability can still apply, such as known dangerous conditions not disclosed, inadequate employee training, or intentional harm, and it excludes paid participants from these protections.

Who It Affects

• Agritourism professionals (and their employees/agents): liability for injuries/deaths linked to inherent risks would be limited, and they must post warnings and include warnings in contracts in certain cases.
• Participants in agritourism activities: generally cannot sue for injuries arising from inherent risks, but exceptions apply; the act does not apply if the participant is paid to participate.

Key Provisions

• Defines terms: agricultural, agritourism activity, agritourism professional, inherent risks, participant, and related concepts.
• Limits liability: an agritourism professional has no duty to inspect for inherent risks and may not be liable for injuries from inherent risks, with participants not treated as invitees or licensees.
• Warning notices: agritourism professionals must post warning notices about inherent risks and include these notices in written contracts under certain conditions.
• Exceptions to limits: liability can arise if the professional knew of a dangerous condition not open/obvious and failed to warn, if staff training was inadequate and caused injury, or if there was intentional harm.
• Paid participation: the act does not apply to activities where the participant is paid to participate.
• Open and obvious doctrine: the act does not enlarge or diminish this doctrine.
• Effective date: becomes law on the first day of the third month after passage and governor 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

Tourism