82-605. Liability of owner.

Nothing in the Nebraska Agritourism Promotion Act limits any liability of an owner:

(1) Who fails to exercise reasonable care to protect against the particular dangers of structures or equipment used or kept on the owner's premises;

(2) Who has actual knowledge of a particular dangerous condition on the owner's premises and does not make the particular danger known to the participant if the particular danger is a proximate cause of injury to or death of the participant or damage to the participant's property;

(3) Who reasonably should have known of a particular dangerous condition of equipment used or kept on the owner's premises and does not make the particular danger known to the participant if the particular danger is a proximate cause of injury to or death of the participant or damage to the participant's property;

(4) Who fails to properly train or supervise or improperly or inadequately trains or supervises employees who are actively involved in agritourism activities and an act or omission of the employee resulting from improper or inadequate training or supervision is a proximate cause of injury to or death of the participant or damage to the participant's property; or

(5) Who commits an act or omission that is a proximate cause of injury to or the death of the participant or damage to the participant's property if the act or omission:

(a) Constitutes willful or wanton disregard for the safety of the participant;

(b) Constitutes gross negligence;

(c) Was intentional;

(d) Did not constitute an inherent risk;

(e) Occurred while the owner or the owner's employees were under the influence of alcohol or illegal drugs; or

(f) Would otherwise be a violation of any other statute or rule or regulation of the State of Nebraska, a state regulatory body, or a political subdivision.

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