§ 4.24.740 Liability immunity--Bovine handling activities

4.24.740. Liability immunity--Bovine handling activities

(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

(3) As used in this section:

(a) “Bovine” means beef cattle, dairy cattle, and bison.

(b) “Bovine handling facility” means a cooperative not-for-profit outdoor facility, such as a corral, that is used for the normal and customary handling and husbandry of bovines, whether on a daily or periodic basis, and does not include commercial slaughter facilities.

(c) “Bovine handling activities” means normal and customary activities associated with the handling and husbandry of bovines.