An agritourism professional is not liable for an injury to or the death of a participant resulting from an inherent risk of an agritourism activity, and no participant or participant’s representative may make a claim against, maintain an action against, or recover from an agritourism professional for injury, loss, damage, or death of the participant resulting from an inherent risk of an agritourism activity unless the agritourism professional:

(1) intentionally injured or caused the death of the participant or committed an act or omission that constitutes wilful, wanton, or reckless disregard for the safety of the participant and that act or omission caused the injury or death; or

Terms Used In South Carolina Code 46-53-20

  • Agritourism activity: means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to participate in rural activities. See South Carolina Code 46-53-10
  • Agritourism professional: means any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation. See South Carolina Code 46-53-10
  • Participant: means any person, other than the agritourism professional, who engages in an agritourism activity. See South Carolina Code 46-53-10

(2) owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries or death because of a dangerous latent condition which was known or should have been known to the agritourism professional.

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