247.402 Warning of inherent risks -- Limitation of claims by participants --
571 words·~3 min read·
/ky/247-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Exceptions.
(1)The inherent risks of farm animal activities are deemed to be beyond the reasonable
control of farm animal activity sponsors, farm animal professionals, or other
persons. Therefore, farm animal activity sponsors, farm animal professionals, or
other persons are deemed to have the duty to reasonably warn participants in farm
animal activities of the inherent risks of the farm animal activities but not the duty
to reduce or eliminate the inherent risks of farm animal activities. Except as
provided in subsections
(2)and
(3)of this section, no participant or representative
of a participant who has been reasonably warned of the inherent risks of farm
animal activities shall make any claim against, maintain an action against, or
recover from a farm animal activity sponsor, a farm animal professional, or any
other person for injury, loss, damage, or death of the participant resulting from any
of the inherent risks of farm animal activities.
(2)Nothing in subsection
(1)of this section shall prevent or limit the liability of a farm
animal activity sponsor, a farm animal professional, or any other person if the farm
animal activity sponsor, farm animal professional, or person:
(a)Provided the equipment or tack, and knew or should have known that the
equipment or tack was faulty, and the equipment or tack was faulty to the
extent that it contributed to the injury;
(b)Provided the farm animal and failed to make reasonable and prudent efforts to
determine the ability of the participant to engage safely in the farm animal
activity and to safely manage the particular farm animal based on the
participant's representations of the participant's ability;
(c)Owns, leases, has authorized use of, rents, or otherwise is in lawful possession
and control of the land or facilities upon which the participant sustained
injuries because of a dangerous latent condition which was known or should
have been known to the farm animal activity sponsor, farm animal
professional, or person and for which warning signs have not been
conspicuously posted;
(d)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
(e)Negligently or wrongfully injures the participant.
(3)Nothing in subsection
(1)of this section shall prevent or limit the liability of a farm
animal activity sponsor or a farm animal professional under liability provisions as
set forth in the Product Liability Act of Kentucky found at KRS 411.300 to 411.340.
(4)Nothing in subsection
(1)of this section shall, in the event of a breach of duty by a
farm animal activity sponsor, farm animal professional, or other person;
(a)Limit the amount to be recovered for injuries resulting in death, or for injuries
to person or property; or
(b)Deny or delay a person's remedies in open court for injury done him in his
lands, goods, person, or reputation.
(5)Adherence by a farm animal activity sponsor or farm animal professional to the
standards of care within the profession creates a rebuttable presumption that the
conduct of the farm animal activity sponsor or farm animal professional was not
negligent.
(6)Compliance by a farm animal activity sponsor, farm animal professional, or other
person with the provisions of KRS 247.4027 creates the presumption that the farm
animal activity sponsor, farm animal professional, or other person has given the
participant reasonable notice of the inherent risks of farm animal activities.