ORS 30.673 Limitations on liability of agri-tourism professional; exceptions

Except as provided in subsections (2) and (3) of this section, an agri-tourism professional that posts the notices required under ORS 30.677 is not liable for an injury to or the death of a participant arising from the inherent risks of an agri-tourism activity.

Subsection (1) of this section does not limit the liability of an agri-tourism professional if the agri-tourism professional:

Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission is a cause of injury to the participant;

Intentionally injures the participant;

Provides equipment to the participant and fails to make reasonable inspection of the equipment, and that failure is a cause of the injury to the participant;

Fails to make reasonable inspection of the property on which the agri-tourism activity occurs, and that failure is a cause of the injury to the participant;

Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity, or of the dangerous propensity of a particular animal used in the activity, and does not make the danger known to the participant, and the danger causes injury, damage or death to the participant; or

Fails to obtain necessary authorization for the agri-tourism activity under ORS 215.213 or 215.283.

Subsection (1) of this section does not limit the liability of an agri-tourism professional under the product liability provisions of ORS 30.900 to 30.920.