BOARD00951

• Board Meeting Date: 3/24/2003
• Description: State Legislative Issues
• Board Meetings - Doc Type: Memo

e

e

e

2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

OR IN A FACILITY.
(4) (a) NOTHING IN SUBSECTION (3) OF THIS SECTION SHALL
PREVENT OR LIMIT THE LIABILITY OF AN ACTIVITY INSTRUCTOR OR
EQUIPMENT PROVIDER OR FACILITY PERSON IF THE ACTIVITY INSTRUCTOR
OR EQUIPMENT PROVIDER OR FACILITY PERSON:
(I) (A) RENTED, SOLD, OR OTHERWISE PROVIDED EQUIPMENT TO A
PARTICIPANT, AND KNEW OR SHOULD HAVE KNOWN THAT THE EQUIPMENT
WAS FAULTY, AND SUCH EQUIPMENT WAS FAULTY TO THE EXTENT THAT IT
CAUSED THE INJURY; OR
(B) PROVIDED, OR FACILITATED THE PROVISION OF, THE
EQUIPMENT OR FACILITY AND FAILED TO MAKE REASONABLE AND PRUDENT
EFFORTS TO DETERMINE THE ABILITY OF THE PARTICIPANT TO ENGAGE
SAFELY IN THE AGRlCULTURAL RECREATION ACTIVITY AND DETERMINE THE
ABILITY OF THE PAR TICIP ANT TO OPERATE SAFELY THE EQUIPMENT BASED
ON THE PARTICIPANT'S REPRESENTATIONS OF HIS OR HER ABILITY;
(II) OWNED, LEASED, RENTED, OR OTHERWISE WAS IN LAWFUL
POSSESSION AND CONTROL OF THE FACILITY UPON OR IN WHICH THE
PARTICIPANTSUST AINED INJURIES RESULTING FROM ADANGEROUS LATENT
CONDITION THAT WAS KNOWN TO THE ACTIVITY INSTRUCTOR OR
EQUIPMENT PROVIDER OR FACILITY PERSON AND FOR WHICH WARNING
SIGNS HAD NOT BEEN CONSPICUOUSLY POSTED;
(III) COMMITTED AN ACT OR OMISSION THAT CONSTITUTED GROSS
NEGLIGENCE OR WILLFUL OR WANTON DISREGARD FOR THE SAFETY OF THE
PARTICIPANT, AND THE ACT OR OMISSION WAS THE CAUSE OF THE INJURY;
(IV) INTENTIONALLY INJURED THE PARTICIPANT.
(b) NOTHING IN SUBSECTION (3) OF THIS SECTION SHALL PREVENT
OR LIMIT THE LIABILITY OF AN ACTIVITY INSTRUCTOR OR EQUIPMENT

-5-

1003