(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
(c) Is liable under chapter 16.04 or 16.24 RCW.
(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.
[2006 c 158 § 1.]