53-13-06. Liability of registered agritourism operator.

This chapter does not prevent or limit the liability of a registered agritourism operator if the operator:

1. Injures a participant willfully or through conduct that amounts to gross negligence; or

2. a. Has actual knowledge of or should have known of: (1) A dangerous condition on property, including in a facility, at which a registered agritourism activity occurs; (2) A dangerous condition with respect to equipment used in the registered agritourism activity; or (3) The dangerous propensity of a particular animal used in the registered agritourism activity; b. Does not exercise ordinary care to remedy the danger or to warn a participant of the danger; and c. The danger causes injury to the participant or contributes to the injury of the participant.