{"data":{"id":"us-ky/krs-247.809","jurisdiction":"us-ky","citation":"KRS 247.809","heading":"Liability of agritourism professionals -- Protection -- Defenses -- Damages.","body":"(1) Except as provided in subsection (2) of this section:\n(a) An agritourism professional is not liable for injury to or death of a participant\nresulting exclusively from t he inherent risks of agritourism activities, so long\nas:\n1. The warning contained in KRS 247.8091 is posted as required; or\n2. The agritourism professional has a signed release from the participant\nindicating that the participant has received written notic e of the warning\ncontained in KRS 247.8091; and\n(b) No participant or participant's representative can maintain an action against or\nrecover from an agritourism professional for injury, loss, damage, or death of\nthe participant resulting exclusively from a ny of the inherent risks of\nagritourism activities. In any action for damages against an agritourism\nprofessional for agritourism activities, the agritourism professional shall plead\nthe affirmative defense of assumption of the risk of agritourism activiti es by\nthe participant.\n(2) Nothing in subsection (1) of this section prevents or limits the liability of an\nagritourism professional if the agritourism professional:\n(a) Commits an act or omission that constitutes negligence or willful or wanton\ndisregard for the safety of the participant, and that act or omission proximately\ncauses injury, loss, damage, or death to the participant; or\n(b) Has actual knowledge or reasonably should have known of:\n1. A dangerous condition on the land, facilities, or equipment  used in the\nactivity; or\n2. The dangerous propensity of a particular animal used in the activity;\nand does not make the danger known to the participant, and the danger\nproximately causes injury, loss, damage, or death to the participant.\n(3) Any limitati on on legal liability afforded by this section to an agritourism\nprofessional is in addition to any other limitations of legal liability otherwise\nprovided by law.","path":["KRS Chapter 247"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40519","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:59Z","sha256":"96d2dcb25b5bd9e39ca243241858b9d998400b711cabd028f833057454cf2a01","source_id":"us-ky","stale":false,"prev":"us-ky/krs-247.808","next":"us-ky/krs-247.8091"},"notice":"GroundRules: Original legal text. Not legal advice."}