The limitation on liability provided in section 673A.4 and the affirmative defense authorized under section 673A.5 do not apply to the extent that all of the following conditions are met:
 1. An injury, loss, or death suffered by an agricultural tourist was caused by the act or omission of an agricultural tourism farmer, an agricultural tourism professional, or a person engaged in farming on the agricultural tourism farm.

Terms Used In Iowa Code 673A.7

  • Agricultural tourism farm: means a farm to which members of the public are invited to visit by or on behalf of an agricultural tourism farmer or agricultural tourism professional, for the purpose of allowing members of the public to experience places on a farm and participate in farming activities, regardless of whether a member of the public pays for the visit. See Iowa Code 673A.3
  • Agricultural tourism farmer: means a farmer who owns or leases an agricultural tourism farm. See Iowa Code 673A.3
  • Agricultural tourism professional: means a person who is engaged in managing a visit by a member of the public to an agricultural tourism farm, including any agricultural tourism activity conducted on the premises of an agricultural tourism farm, regardless of whether the person receives compensation. See Iowa Code 673A.3
  • Agricultural tourist: means a person who enters on to the premises of an agricultural tourism farm as a visitor to experience places on the farm and participate in farming activities pursuant to an invitation by or on behalf of an agricultural tourism farmer or agricultural tourism professional, regardless of whether the person provides compensation in exchange for the visit. See Iowa Code 673A.3
  • Farm: includes but is not limited to a farm field, orchard, nursery, greenhouse, garden, elevator, seedhouse, barn, warehouse, animal feeding operation structure, winery, brewery, distillery, or any personal property located on the land including machinery or equipment used in the production of a farm commodity. See Iowa Code 673A.3
  • Farmer: means a person who holds any of the following:
     a. See Iowa Code 673A.3
  • Farming: means to do any of the following:
     a. See Iowa Code 673A.3
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
 2. The act or omission described in subsection 1 was any of the following:

 a. Illegal.
 b. Intentional.
 c. The result of willful misconduct, gross negligence or incompetence amounting to such lack of care as to amount to wanton neglect for the safety of another, or recklessness.
 d. Due to intoxication by alcohol, a drug, or a combination of such substances.
 e. The result of a failure to notify an agricultural tourist of a dangerous latent condition on the farm, including a building or other structure, or equipment or machinery regardless of whether it was operational, if the dangerous latent condition was known or should have been known by the agricultural tourism farmer or agricultural tourism professional.
 f. A condition or event existing at the agricultural tourism farm that was not reasonably foreseeable by a person generally familiar with farming, even though such condition or farming activity would have been foreseeable at another type of agricultural tourism farm.
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