Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 2603 - Limited Civil Liability for Agritourism Activity Providers(a)Liability.--Except as otherwise provided by subsections (b) and (c), an agritourism activity provider shall not be civilly liable for injury or damages to a participant if: (1) at the time of the agritourism activity from which the injury or damages occurred, a warning sign was posted in accordance with section 4; and(2) the agritourism activity provider entered into a written agreement with the participant in accordance with section 5 with respect to the agritourism activity from which the injury or damages occurred.(b)Exceptions.--An agritourism activity provider shall not be immune from civil liability for injury or damages if any of the following apply: (1) The agritourism activity provider performs an act in a grossly negligent manner and causes injury or damages to a participant.(2) The agritourism activity provider purposefully causes the injury or damages to a participant.(3) The agritourism activity provider's action or inaction constitutes criminal conduct and causes the injury or damages to a participant.(4) The agritourism activity provider recklessly fails to warn or guard against a dangerous condition that causes injury or damages to a participant.(c)Exceptions for certain actions.--An agritourism activity provider shall not be immune from civil liability under subsection (a) for injury or damages arising from: (1) Overnight accommodation.(4) Food and beverage services.Added by P.L. 167,2021 No. 27, § 3, eff. 8/30/2021.