Steele, 120413 INAGO, AGO 2013-7

Case DateDecember 04, 2013
CourtIndiana
The Honorable Brent E. Steele
AGO 2013-7
Official Opinion No. 2013-7
State of Indiana Office of the Attorney General
December 4, 2013
         The Honorable Brent E. Steele          Indiana State Senate          200 W. Washington St.          Indianapolis, IN 46204          RE: Limited Liability for Agritourism Activities          Dear Senator Steele:          You asked whether Ind. Code § 34-31-9-2, governing limited liability for agritourism activities, would apply to a dormant limestone quarry used as a tourism attraction.          BRIEF ANSWER          A limestone quarry that has been retrofitted as a tourism attraction could fall within the definition of “agritourism activity” in Ind. Code § 34-31-9-2 if it includes natural resource based activities and attractions.          ANALYSIS          Ind. Code Chpt. 34-31-9 was added to the Indiana Code in 2011.1 Subject to certain restrictions and requirements, the chapter provides that an agritourism provider2 is not liable for injuries to or deaths of participants3 resulting from inherent risks4 of agritourism activities. Ind. Code § 34-31-9-2 defines “agritourism activity” as:
(1) an activity at an agricultural, horticultural, or agribusiness operation where the general public is allowed or invited to participate in, view, or enjoy the activities for recreational, entertainment, or educational purposes, including farming, ranching, historic and cultural agricultural activities, self-pick farms, or farmers’ markets;
(2) an activity involving an animal exhibition at an agricultural fair; or
(3) natural resource based activities and attractions, including hunting, fishing, hiking, and trail riding.
         Although the term “agritourism” suggests some connection to agriculture, the third part of the definition is not limited to agricultural or horticultural operations or activities. The use of the term “natural resource based activities and attractions” broadens the definition of agritourism to include activities that are not directly...

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