BILL REQ. #: H-4597.1
| State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 01/26/06.
AN ACT Relating to bovine handling facilities; and adding a new section to chapter 4.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 4.24 RCW
to read as follows:
(1) Except as provided in subsection (2) of this section, an owner,
operator, or manager of a bovine handling facility, and the owner of
bovine handled at or processed through a bovine handling facility, are
not liable for an injury to or the death of a person who knowingly and
voluntarily participates in bovine handling activities at a bovine
handling facility or knowingly and voluntarily enters onto the premises
of a bovine handling facility as a spectator of bovine handling
activities.
(2) Nothing in subsection (1) of this section prevents or limits
the liability of an owner, operator, or manager of a bovine handling
facility, or an owner of bovine handled at or processed through a
bovine handling facility, if the owner, operator, or manager of the
bovine handling facility, or the bovine owner:
(a) Intentionally injures the participant or spectator or commits
an act or omission that constitutes willful or wanton disregard for the
safety of the participant or spectator and that act or omission caused
the injury;
(b) Owns, leases, rents, or otherwise is in lawful possession and
control of the land or facilities upon which the participant or
spectator sustained injuries because of a dangerous latent condition
which was known to or should have been known to the owner, operator, or
manager of the bovine handling facility, or the bovine owner, and for
which warning signs have not been conspicuously posted; or
(c) Is liable under chapter 16.04 or 16.24 RCW.
(3) As used in this section:
(a) "Bovine" means beef cattle, dairy cattle, and bison.
(b) "Bovine handling facility" means an outdoor facility that is
used for the normal and customary handling and husbandry of bovines,
whether on a daily or periodic basis, such as corrals.
(c) "Bovine handling activities" means normal and customary
activities associated with the handling and husbandry of bovines.