KRS § 247.402 — KY Code / Title XXI / Chapter 247 / Section 247.402
247.402 Warning of inherent risks -- Limitation of claims by participants -- Exceptions
Status: in_force

247.402 Warning of inherent risks -- Limitation of claims by participants --

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.