Title 2, Chapter 14, Section 152
( 2-14-152)
(a) Except as provided in subsection (b) of this Code section, the
owner or operator of any farm specializing in pick-your-own
agricultural products shall not be liable for an injury to or the
death of a participant resulting from the inherent risks of
harvesting agricultural products, and, except as provided in
subsection (b) of this Code section, no participant or participant's
representative shall make any claim against, maintain an action
against, or recover from an owner or operator, or any other person
or entity for injury, loss, damage, or death of the participant
resulting from any of the inherent risks of harvesting agricultural
products. (b) Nothing in subsection (a) of this Code section shall prevent or
limit the liability of an owner or operator or any other person or
entity if the owner or operator: (1) Owns, leases, rents, or otherwise is in lawful possession and
control of the land upon which the participant sustained injuries
because of a dangerous latent condition which was known or should
have been known to the owner or operator; (2) Commits an act or omission that constitutes willful or wanton
disregard for the safety of the participant, and that act or
omission caused the injury; or (3) Intentionally injures the participant. (c) Nothing in subsection (a) of this Code section shall prevent or
limit the liability of an owner or operator under liability
provisions as set forth in the product liability laws. |