S-1962               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5117

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Agriculture (originally sponsored by Senators Barr, Hansen, Gaspard, Anderson, Bailey, Newhouse, Amondson and Benitz)

Read first time 2/20/89.

AN ACT Relating to limiting liability of owners of agricultural land for allowing u-pick or other on-site harvesting for personal use; adding a new section to chapter 4.24 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The purpose of this act is to encourage owners or others in lawful possession or control of agricultural land to make such land available to the public for the purpose of picking and purchasing agricultural or farm products for personal use by limiting their liability toward persons entering thereon and toward persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.24 RCW to read as follows:

          (1) No cause of action shall arise against the owner or other person in lawful possession or control of land or premises for injuries to any person, other than an employee or contractor of the owner or other person in lawful possession or control, who is on the land or premises for the purpose of picking and purchasing agricultural or farm products for personal use at a farm or "u-pick" operation, unless the person's injuries were caused by a condition that involved an unreasonable risk of harm and all of the following apply:

          (a)  The owner or other person in lawful possession or control of the land knew or should have known of the condition or risk;

          (b)  The owner or other person in lawful possession or control of the land failed to exercise reasonable care to make the condition safe, or to warn the person of the condition or risk; and

          (c)  The person injured did not know or did not have reason to know of the condition or risk.

          (2) As used in this section, "agricultural or farm products" means the natural products of the farm, nursery, grove, orchard, vineyard, and garden, including, but not limited to, trees and firewood.

          (3) The limitation of liability provided by this section is in addition to any other limitation provided by law, and is not intended to reduce the liability of other parties under RCW 4.22.070.