A. Except as provided in subsection B, an agritourism professional is notliable for injury to or death of a participant resulting from the inherentrisks of agritourism activities, so long as the warning contained in §3.2-6402 is posted as required and, except as provided in subsection B, noparticipant or participant's representative is authorized to maintain anaction against or recover from an agritourism professional for injury, loss,damage, or death of the participant resulting exclusively from any of theinherent risks of agritourism activities; provided that in any action fordamages against an agritourism professional for agritourism activity, theagritourism professional shall plead the affirmative defense of assumption ofthe risk of agritourism activity by the participant.
B. Nothing in subsection A shall prevent or limit the liability of anagritourism professional if the agritourism professional does any one or moreof the following:
1. Commits an act or omission that constitutes negligence or willful orwanton disregard for the safety of the participant, and that act or omissionproximately causes injury, damage, or death to the participant;
2. Has actual knowledge or reasonably should have known of a dangerouscondition on the land or in the facilities or equipment used in the activity,or the dangerous propensity of a particular animal used in such activity anddoes not make the danger known to the participant, and the danger proximatelycauses injury, damage, or death to the participant; or
3. Intentionally injures the participant.
C. Any limitation on legal liability afforded by this section to anagritourism professional is in addition to any other limitations of legalliability otherwise provided by law.
A. Except as provided in subsection B, an agritourism professional is notliable for injury to or death of a participant resulting from the inherentrisks of agritourism activities, so long as the warning contained in §3.2-6402 is posted as required and, except as provided in subsection B, noparticipant or participant's representative is authorized to maintain anaction against or recover from an agritourism professional for injury, loss,damage, or death of the participant resulting exclusively from any of theinherent risks of agritourism activities; provided that in any action fordamages against an agritourism professional for agritourism activity, theagritourism professional shall plead the affirmative defense of assumption ofthe risk of agritourism activity by the participant.
B. Nothing in subsection A shall prevent or limit the liability of anagritourism professional if the agritourism professional does any one or moreof the following:
1. Commits an act or omission that constitutes negligence or willful orwanton disregard for the safety of the participant, and that act or omissionproximately causes injury, damage, or death to the participant;
2. Has actual knowledge or reasonably should have known of a dangerouscondition on the land or in the facilities or equipment used in the activity,or the dangerous propensity of a particular animal used in such activity anddoes not make the danger known to the participant, and the danger proximatelycauses injury, damage, or death to the participant; or
3. Intentionally injures the participant.
C. Any limitation on legal liability afforded by this section to anagritourism professional is in addition to any other limitations of legalliability otherwise provided by law.
A. Except as provided in subsection B, an agritourism professional is notliable for injury to or death of a participant resulting from the inherentrisks of agritourism activities, so long as the warning contained in §3.2-6402 is posted as required and, except as provided in subsection B, noparticipant or participant's representative is authorized to maintain anaction against or recover from an agritourism professional for injury, loss,damage, or death of the participant resulting exclusively from any of theinherent risks of agritourism activities; provided that in any action fordamages against an agritourism professional for agritourism activity, theagritourism professional shall plead the affirmative defense of assumption ofthe risk of agritourism activity by the participant.
B. Nothing in subsection A shall prevent or limit the liability of anagritourism professional if the agritourism professional does any one or moreof the following:
1. Commits an act or omission that constitutes negligence or willful orwanton disregard for the safety of the participant, and that act or omissionproximately causes injury, damage, or death to the participant;
2. Has actual knowledge or reasonably should have known of a dangerouscondition on the land or in the facilities or equipment used in the activity,or the dangerous propensity of a particular animal used in such activity anddoes not make the danger known to the participant, and the danger proximatelycauses injury, damage, or death to the participant; or
3. Intentionally injures the participant.
C. Any limitation on legal liability afforded by this section to anagritourism professional is in addition to any other limitations of legalliability otherwise provided by law.
