Liability of farm owner or operator

(a) Except as provided in subsection (b) of this Code section, the owner or operator of any farm specializing in pick-your-own agricultural products shall not be liable for an injury to or the death of a participant resulting from the inherent risks of harvesting agricultural products, and, except as provided in subsection (b) of this Code section, no participant or participant’s representative shall make any claim against, maintain an action against, or recover from an owner or operator, or any other person or entity for injury, loss, damage, or death 605 2-14-153 of the participant resulting from any of the inherent risks of harvesting agricultural products. (b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an owner or operator or any other person or entity if the owner or operator: (1) Owns, leases, rents, or otherwise is in lawful possession and control of the land upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the owner or operator; (2) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (3) Intentionally injures the participant. (c) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an owner or operator under liability provisions as set forth in the product liability laws. History. — Code 1981, § 2-14-152, enacted by Ga. L. 2001, p. 1249, § 1. 2-14-153. Warning notices required; effect of failure to comply with notice requirements. (a) Every owner and operator of a pick-your-own farm operation shall post and maintain white signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location near the entrance of the farm. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an owner or operator shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice: ‘‘Under Georgia law, an owner or operator of a pick-your-own farm location is not liable for an injury to or the death of a participant from the inherent risks of harvesting agricultural products, pursuant to Article 7 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated.’’ (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall not prevent an owner or operator from invoking the privileges of immunity provided by this article. 606 2-14-153 SALE OF AGRIC. & FOREST PRODUCTS History. — Code 1981, § 2-14-153, enacted by Ga. L. 2001, p. 1249, § 1. 607 2-14-153 T.2, C.15 AGRICULTURE 2-15-14 CHAPTER 15 PACIFIC WHITE SHRIMP AQUACULTURE DEVELOPMENT Sec. 2-15-1 through 2-15-14 [Repealed]. 2-15-1 through 2-15-14. Reserved. Repealed by Ga. L. 2019, p. 919, § 1-1/HB 553, effective July 1, 2019. Editor’s notes. — This chapter consisted of Code Sections 2-15-1 through 2-15-14, relating to pacific white shrimp aquaculture development, and was based on Code 1981, §§ 2-15-1 through 2-15-14, enacted by Ga. L. 2004, p. 948, § 2-1; Ga. L. 2010, p. 838, § 10/SB 388. This chapter never became effective as there was no specific appropriation of funds for purposes of this chapter as expressed in a line item of an appropriations Act enacted by the General Assembly at any session of the General Assembly from 2004 through 2018. Ga. L. 2019, p. 1056, § 54(e)/SB 52, part of an Act to revise, modernize, and correct the Code, effective May 12, 2019, not codified by the General Assembly, provides: ‘‘In the event of an irreconcilable conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2019 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.’’ Accordingly, the amendment to Code Section 2-15-1 by Ga. L. 2019, p. 1056, § 2(1)/SB 52, was not given effect. 608 T.2, C.16 DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS 2-16-2 CHAPTER 16 ACTION FOR DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS OR COMMODITIES Sec. 2-16-1. 2-16-2. 2-16-3. Sec.