{"data":{"id":"us-ky/krs-247.402","jurisdiction":"us-ky","citation":"KRS 247.402","heading":"Warning of inherent risks -- Limitation of claims by participants --","body":"Exceptions.\n(1) The inherent risks of farm animal activities are deemed to be beyond the reasonable\ncontrol of farm animal activity sponsors, farm animal professionals, or other\npersons. Therefore, farm animal activity sponsors, farm animal professionals, or\nother persons are deemed to have the duty to reasonably warn participants in farm\nanimal activities of the inherent risks of the farm animal activities but not the duty\nto reduce or eliminate the inherent risks of farm animal activities. Except as\nprovided in subsections (2) and (3) of this section, no participant or representative\nof a participant who has been reasonably warned of the inherent risks of farm\nanimal activities shall  make any claim against, maintain an action against, or\nrecover from a farm animal activity sponsor, a farm animal professional, or any\nother person for injury, loss, damage, or death of the participant resulting from any\nof the inherent risks of farm animal activities.\n(2) Nothing in subsection (1) of this section shall prevent or limit the liability of a farm\nanimal activity sponsor, a farm animal professional, or any other person if the farm\nanimal activity sponsor, farm animal professional, or person:\n(a) Provided the equipment or tack, and knew or should have known that the\nequipment or tack was faulty, and the equipment or tack was faulty to the\nextent that it contributed to the injury;\n(b) Provided the farm animal and failed to make reasonable and pru dent efforts to\ndetermine the ability of the participant to engage safely in the farm animal\nactivity and to safely manage the particular farm animal based on the\nparticipant's representations of the participant's ability;\n(c) Owns, leases, has authorized use of, rents, or otherwise is in lawful possession\nand control of the land or facilities upon which the participant sustained\ninjuries because of a dangerous latent condition which was known or should\nhave been known to the farm animal activity sponsor, f arm animal\nprofessional, or person and for which warning signs have not been\nconspicuously posted;\n(d) Commits an act or omission that constitutes willful or wanton disregard for\nthe safety of the participant, and that act or omission caused the injury; or\n(e) Negligently or wrongfully injures the participant.\n(3) Nothing in subsection (1) of this section shall prevent or limit the liability of a farm\nanimal activity sponsor or a farm animal professional under liability provisions as\nset forth in the Product Liability Act of Kentucky found at KRS 411.300 to 411.340.\n(4) Nothing in subsection (1) of this section shall, in the event of a breach of duty by a\nfarm animal activity sponsor, farm animal professional, or other person;\n(a) Limit the amount to be recovered for injuries resulting in death, or for injuries\nto person or property; or\n(b) Deny or delay a person's remedies in open court for injury done him in his\nlands, goods, person, or reputation.\n(5) Adherence by a farm animal activity sponsor or farm ani mal professional to the\nstandards of care within the profession creates a rebuttable presumption that the\nconduct of the farm animal activity sponsor or farm animal professional was not\nnegligent.\n(6) Compliance by a farm animal activity sponsor, farm anim al professional, or other\nperson with the provisions of KRS 247.4027 creates the presumption that the farm\nanimal activity sponsor, farm animal professional, or other person has given the\nparticipant reasonable notice of the inherent risks of farm animal activities.","path":["KRS Chapter 247"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=11637","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:57Z","sha256":"0e21ea25e4b65b1e72c153c7f11461c4199d6d759c3cc8f348315e7bbc5ffa3b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-247.4019","next":"us-ky/krs-247.4025"},"notice":"GroundRules: Original legal text. Not legal advice."}