C.R.S. Section 13-21-121
Agricultural recreation or agritourism activities

  • legislative declaration
  • inherent risks
  • limitation of civil liability
  • duty to post warning notice
  • definitions

(1)

The general assembly recognizes that persons who participate in certain agricultural recreation or agritourism activities may incur injuries as a result of the inherent risks involved with these activities. The general assembly also finds that the state and its citizens derive numerous economic and personal benefits from these activities. It is, therefore, the intent of the general assembly to encourage these activities by limiting the civil liability of certain persons involved in providing the opportunity to participate in these activities.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Activity instructor or equipment provider” means an individual, facility person, group, club, association, partnership, or corporation, whether or not engaged for compensation, that instructs a participant or that rents, sells, or otherwise provides equipment to a participant for the purpose of engaging in an agricultural recreation or agritourism activity.

(b)

“Agricultural recreation or agritourism activity” means an activity related to the normal course of agriculture, as defined in section 35-1-102 (1), which activity is engaged in by participants for entertainment, pleasure, or other recreational purposes, or for educational purposes, regardless of whether a fee is charged to the participants. “Agricultural recreation or agritourism activity” also means hunting, shooting, swimming, diving, tubing, and riding or operating a motorized recreational vehicle that occurs on or in proximity to the property of an agricultural operation or an adjacent roadway. “Agricultural recreation or agritourism activity” includes, but is not limited to, planting, cultivation, irrigation, or harvesting of crops; acceptable practices of animal husbandry; rodeo and livestock activities; and maintenance of farm or ranch equipment. “Agricultural recreation or agritourism activity” does not include any activity related to or associated with medical marijuana as defined in section 44-10-103 (34) or retail marijuana as defined in section 44-10-103 (57).

(c)

“Equipment” means a device used to engage in an agricultural recreation or agritourism activity.

(d)

“Facility” means a privately owned and operated farm, ranch, or a public property that is leased or rented and under the control of the person defined in paragraph (e) of this subsection (2) on which the opportunity to engage in one or more agricultural recreation or agritourism activities is offered to a participant, regardless of whether it is situated in an incorporated area or unincorporated area.

(e)

“Facility person” means a person who owns, leases, operates, manages, is an independent contractor to, or is employed at or who volunteers at a facility. For purposes of this paragraph (e) only, “person” includes any individual, corporation, partnership, association, cooperative, or commercial entity.

(f)

“Inherent risks of agricultural recreation or agritourism activities” means those dangers or conditions that are an integral part of such activities, including but not limited to:

(I)

The varied degrees of the skill and experience of the participants;

(II)

The nature of the activity, including but not limited to the equipment used and the location where the activity is conducted;

(III)

Certain hazards, such as ground conditions, surface grade, weather conditions, and animal behavior;

(IV)

Collisions with other persons or objects;

(V)

The types and the complexity of equipment used by the participants;

(VI)

Malfunctions with equipment used by the participants;

(VII)

The potential of a participant to act in a negligent manner that may contribute to injury incurred by the participant or others, such as imprudent showmanship, failing to maintain control over his or her equipment, or not acting within his or her ability.

(g)

“Participant” means a person who engages in an agricultural recreation or agritourism activity, whether or not a fee is paid to participate in the activity.

(3)

Except as provided in subsections (4) and (5) of this section, an activity instructor or equipment provider or facility person is not civilly liable for any property damage or damages for injury to or the death of a participant resulting from the inherent risks of agricultural recreation or agritourism activities performed or conducted on or in a facility. A participant expressly assumes the risk and legal responsibility for any property damage or damages arising from personal injury or death that results from the inherent risk of agricultural recreation or agritourism activities. A participant has the sole responsibility for knowing the range of that person’s ability to participate in an agricultural recreation or agritourism activity. It is the duty of a participant to act within the limits of the participant’s own ability, to heed all warnings, and to refrain from acting in a manner that may cause or contribute to the injury or death of any person or damage to any property. A participant or a participant’s representative may not make any claim against, maintain an action against, or recover from an activity instructor or equipment provider or facility person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agricultural recreation or agritourism activities performed or conducted on or in a facility.

(4)

Intentionally left blank —Ed.

(a)

Nothing in subsection (3) of this section shall prevent or limit the liability of an activity instructor or equipment provider or facility person if the activity instructor or equipment provider or facility person:

(I)

Rented, sold, or otherwise provided equipment to a participant, and knew that the equipment was faulty, and such equipment was faulty to the extent that it caused the injury;

(II)

Committed an act or omission that constituted gross negligence or willful or wanton disregard for the safety of the participant and the act or omission was the cause of the injury; or

(III)

Intentionally injured the participant.

(b)

Nothing in subsection (3) of this section shall prevent or limit the liability of an activity instructor or equipment provider or facility person under liability provisions set forth in the product liability laws.

(c)

A participant is not precluded under this section from suing and recovering from another participant for injury to person or property resulting from the other participant’s act or omission. Notwithstanding any provision of law to the contrary, the risk of injury from another participant shall not be considered an inherent risk or a risk assumed by a participant in an action by the participant against another participant.

(5)

Intentionally left blank —Ed.

(a)

The operator of a facility shall:

(I)

Exercise reasonable care to protect against dangers of which he or she actually knew; or

(II)

Give warning of any dangers that are ordinarily present on the property.

(b)

Intentionally left blank —Ed.

(I)

The operator of a facility may provide notice of the inherent risks of agricultural recreation or agritourism activities either by a statement signed by the participant or a sign or signs prominently displayed at the place or places where the agricultural recreation or agritourism activities take place. The statement or sign must set forth the following warning notice:
WARNING
UNDER COLORADO LAW, THERE IS NO LIABILITY FOR THE DEATH OF OR INJURY TO A PARTICIPANT IN AN AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY RESULTING FROM THE INHERENT RISKS OF THE AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY, PURSUANT TO SECTION 13-21-121, COLORADO REVISED STATUTES.

(II)

The text on the sign must be in black letters at least one inch in height.

Source: Section 13-21-121 — Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑21‑101
Interest on damages
13‑21‑102
Exemplary damages
13‑21‑102.5
Limitations on damages for noneconomic loss or injury
13‑21‑103
Damages for selling liquor to an intoxicated person
13‑21‑104
Damages for using animal left for keeping
13‑21‑105
Damages from fire set in woods or prairie - treble damages during drought conditions
13‑21‑105.5
Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages
13‑21‑106
Broadcasting defamatory statements
13‑21‑106.5
Civil damages for destruction or bodily injury caused by a bias-motivated crime
13‑21‑106.7
Civil damages for preventing passage to and from a health-care facility and engaging in prohibited activity near facility
13‑21‑107
Damages for destruction or bodily injury caused by minors
13‑21‑107.5
Civil damages for loss caused by theft
13‑21‑108
Persons rendering emergency assistance exempt from civil liability
13‑21‑108.1
Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity
13‑21‑108.2
Persons rendering emergency assistance - competitive sports - exemption from civil liability
13‑21‑108.3
Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability
13‑21‑108.4
Persons rendering emergency assistance from a locked vehicle - exempt from criminal and civil liability - definitions
13‑21‑108.5
Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability
13‑21‑108.7
Persons rendering emergency assistance through the administration of an opiate antagonist - limited immunity - legislative declaration - definitions
13‑21‑108.8
Persons furnishing a non-laboratory synthetic opiate detection test - limited immunity - definition
13‑21‑109
Recovery of damages for checks, drafts, or orders not paid upon presentment
13‑21‑109.5
Recovery of damages for fraudulent use of social security numbers
13‑21‑110
Medical committee - privileged communication - limitation on liability
13‑21‑111
Negligence cases - comparative negligence as measure of damages
13‑21‑111.5
Civil liability cases - pro rata liability of defendants - respondeat superior - shifting financial responsibility for negligence in construction agreements - legislative declaration
13‑21‑111.6
Civil actions - reduction of damages for payment from collateral source
13‑21‑111.7
Assumption of risk - consideration by trier of fact
13‑21‑111.8
Assumption of risk - shooting ranges
13‑21‑112
Ad damnum clauses in professional liability actions
13‑21‑113
Donation of items of food - exemption from civil and criminal liability - definitions
13‑21‑113.3
Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration
13‑21‑113.5
Use of school or nonprofit organization kitchen - exemption from civil and criminal liability
13‑21‑113.7
Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration
13‑21‑114
Immunity of mine rescue participants and their employers or organizations
13‑21‑115
Actions against landowners - short title - legislative declaration - definitions
13‑21‑115.5
Volunteer service act - immunity - exception for operation of motor vehicles - short title - legislative declaration - definitions
13‑21‑115.6
Immunity from civil liability for school crossing guards and sponsors
13‑21‑115.7
Immunity from civil liability for directors, officers, or trustees - nonprofit corporations or nonprofit organizations
13‑21‑116
Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons
13‑21‑117
Civil liability - mental health providers - duty to warn - definitions
13‑21‑117.5
Civil liability - intellectual and developmental disability service providers - definitions - repeal
13‑21‑117.7
Civil actions against family foster care providers - limited liability
13‑21‑118
Actions based on flight in aircraft
13‑21‑119
Equine activities - llama activities - legislative declaration - exemption from civil liability
13‑21‑120
Colorado baseball spectator safety act - legislative declaration - limitation on actions - duty to post warning notice
13‑21‑121
Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions
13‑21‑122
Civil liability for unlawful use of personal identifying information
13‑21‑122.5
Civil liability for trading in telephone records
13‑21‑124
Civil actions against dog owners
13‑21‑125
Civil actions for theft in the mortgage lending process
13‑21‑126
Funeral picketing - legislative declaration - definitions - damages
13‑21‑127
Civil damages for human trafficking and involuntary servitude
13‑21‑128
Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions
13‑21‑129
Snow removal service liability limitation - exceptions - short title - definitions
13‑21‑130
Civil liability for false statement to recover possession of real property
13‑21‑131
Civil action for deprivation of rights
13‑21‑132
Civil liability for misuse of gametes - definitions
13‑21‑133
Out-of-state civil action against a person or entity prohibited - legally protected health-care activity - out-of-state civil judgment
13‑21‑201
Damages for death
13‑21‑202
Action notwithstanding death
13‑21‑203
Limitation on damages
13‑21‑203.5
Alternative means of establishing damages - solatium amount
13‑21‑203.7
Adjustments of dollar limitations for effects of inflation
13‑21‑204
Limitation of actions
13‑21‑301
Settlements, releases, and statements of injured persons
13‑21‑401
Definitions
13‑21‑402
Innocent seller
13‑21‑402.5
Product misuse
13‑21‑403
Presumptions
13‑21‑404
Inadmissible evidence
13‑21‑406
Comparative fault as measure of damages
13‑21‑801
Short title
13‑21‑802
Legislative declaration
13‑21‑803
Definitions
13‑21‑804
Damages - persons injured by an individual illegal drug user
13‑21‑805
Nonexclusiveness - exceptions to liability - joinder
13‑21‑806
Comparative negligence
13‑21‑807
Contribution among and recovery from multiple defendants
13‑21‑808
Effect of criminal drug conviction
13‑21‑809
Prejudgment attachment and execution on judgments
13‑21‑810
Statute of limitations
13‑21‑811
Stay of action
13‑21‑812
Nonretroactive
13‑21‑813
Severability
13‑21‑1001
Definitions
13‑21‑1002
Computer dissemination of indecent material to a child - prohibition
13‑21‑1003
Civil penalty - action for recovery - distribution of proceeds - attorney fees
13‑21‑1101
Short title
13‑21‑1102
Legislative declaration
13‑21‑1103
Definitions
13‑21‑1104
Actions against food providers that comply with applicable state and federal laws - exemptions
13‑21‑1105
Pleading requirements
13‑21‑1106
Stay of proceedings pending motion to dismiss
13‑21‑1201
Short title
13‑21‑1202
Legislative declaration
13‑21‑1203
Definitions
13‑21‑1204
Construction
13‑21‑1205
Damages - woman injured by the unlawful termination of a pregnancy
13‑21‑1206
Exceptions to liability
13‑21‑1207
Limitation of actions - three years
13‑21‑1301
Legislative declaration
13‑21‑1302
Jurisdiction over nonresident representatives
13‑21‑1303
Damages
13‑21‑1304
Liquor licensees excepted
13‑21‑1401
Short title
13‑21‑1402
Definitions
13‑21‑1403
Civil action - definitions
13‑21‑1404
Exceptions to liability - definitions
13‑21‑1405
Plaintiff’s privacy
13‑21‑1406
Remedies
13‑21‑1407
Statute of limitations
13‑21‑1408
Construction
13‑21‑1409
Uniformity of application and construction
Green check means up to date. Up to date

Current through Fall 2024

§ 13-21-121’s source at colorado​.gov