Oklahoma has implemented various laws aimed at limiting liability in the areas of agritourism, equine and livestock activities, and recreational land use. These statutes encourage the use of land and participation in these activities while addressing safety and legal accountability. Here’s an overview of the key laws, their provisions, and what they mean for landowners and professionals:

1. Oklahoma Agritourism Activities Liability Limitations Act (Okla. Stat. tit 2, § 5-14 through 5-17a)

  • Purpose: Protects agritourism professionals from liability for injuries or losses stemming from the inherent risks of agritourism activities.
  • Who is Protected: Individuals or entities registered with the Oklahoma Department of Agriculture, Food, and Forestry as agritourism professionals.
  • Covered Risks: Includes hazards related to land conditions, animal behavior, and farming equipment.
  • Requirements:
    • Display warning signs at activity sites and entrances.
    • Include a statutory warning in all participant contracts.
    • Failure to comply with these requirements nullifies liability protection.

2. Oklahoma Livestock Activities Liability Limitation Act (Okla. Stat. tit 76, § 50.1-50.4)

  • Purpose: Limits liability for sponsors, participants, and professionals involved in livestock activities, such as riding, training, or showing livestock.
  • Who is Protected: Livestock activity sponsors, professionals, and participants acting in good faith and consistent with industry standards.
  • Covered Risks: Injuries caused by the inherent risks of livestock activities, such as animal unpredictability, equipment issues, and environmental hazards.
  • Exceptions:
    • A livestock activity sponsor, participant, or professional is not protected from liability if they:
      • Commit an act or omission that constitutes willful or wanton disregard for the safety of a person, and that act caused the injury.
      • Intentionally injure a person engaged in livestock activities.
      • Provide faulty equipment that causes injury (unless in youth organizations where participants share equipment).
      • Fail to make a reasonable effort to determine the ability of the participant to manage the particular livestock based upon the participant’s representations of such participant’s ability, unless it’s a show, sale, or rodeo where competency can be assumed if there is a signed entry form.
      • Owns or controls the land and fails to make known a dangerous condition to the participant.
    • The act does not limit liability for death resulting from inherent risks of livestock activities.
    • The act does not apply to employees of the sponsor or professional who are covered by worker’s compensation.
    • The act does not extend to spectators at a livestock activity, except in cases where the spectator places himself or herself in immediate proximity to livestock activity.
    • The act does not limit liability for property damage.

3. Oklahoma Limitation of Liability for Farming and Ranching Land Act (Okla. Stat. tit 2, § 16-71 through 16-72 & 16-74)

  • Purpose: Encourages landowners to permit recreational use of their lands by limiting their liability.
  • Who is Protected: Landowners offering their farming and ranching land for recreational purposes.
  • Covered Risks: Injuries to recreational users, provided landowners do not act with gross negligence or willful misconduct.
  • Activities Included: Hunting, fishing, hiking, photography, and similar outdoor activities.

4. Limitation on Liability of Persons Making Land Available to Public for Recreational Purposes Without Charge (Okla. Stat. tit 76, § 10.1)

  • Purpose: Protects landowners who open their land for outdoor recreation at no cost to the public.
  • Who is Protected: Landowners, tenants, and lessees offering free access for activities such as camping, swimming, or wildlife observation.
  • Exceptions: Does not apply to land used for commercial purposes related to the recreational use or cases involving gross negligence or intentional harm.

Using Waivers to Supplement Liability Protections

While liability waivers can bolster legal protection, they must:

  • Be clear, specific, and reviewed by an attorney familiar with Oklahoma law.
  • Address state-specific requirements, such as signage for agritourism activities.
  • Avoid relying on waivers to excuse gross negligence or intentional misconduct.
  • Meet other contract law-based requirements.

Key Considerations for Compliance

  • Understand the nuances of each statute and their specific protections.
  • Ensure adherence to registration and signage requirements.
  • Consult with legal professionals to tailor liability waivers and verify compliance with state laws.

Additional Resources

For the full white paper on these Oklahoma liability limitation acts, contact Ms. Westman or visit her website.

Disclaimer: This blog post is a summary.  It is intended for educational purposes only and does not constitute legal advice. For tailored guidance, consult a licensed attorney familiar with Oklahoma law.

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