Equine Issues

KS - Equine Activity Liability - Article 40. Assumption of Risk of Domestic Animal Activity.

Summary: This Kansas statute provides that any participant in domestic animal activities assumes the inherent risks of when such participant engages in a domestic animal activity. This limitation of liability operates legally as an affirmative defense of assumption of risk pleaded by the domestic animal activity sponsor or domestic animal professional. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law and any written contract must provide explicit language outlined in the statute.

This Kansas statute provides that any participant in domestic animal activities assumes the inherent risks of when such participant engages in a domestic animal activity. This limitation of liability operates legally as an affirmative defense of assumption of risk pleaded by the domestic animal activity sponsor or domestic animal professional. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law and any written contract must provide explicit language outlined in the statute.

IN - Equine Activity Statute - Chapter 5. Equine Activities

Summary: This Indiana statute states that an equine activity sponsor or equine professional is not liable for an injury to a participant or the death of a participant resulting from an inherent risk of equine activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes reckless disregard for the safety of the participant or intentionally injures the participant. The statute also requires the visible displaying of warning signs or warnings provided in contracts that alert participants to the limitation of liability by law.

This Indiana statute states that an equine activity sponsor or equine professional is not liable for an injury to a participant or the death of a participant resulting from an inherent risk of equine activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes reckless disregard for the safety of the participant or intentionally injures the participant. The statute also requires the visible displaying of warning signs or warnings provided in contracts that alert participants to the limitation of liability by law.

IL - Horse Meat Act - Chapter 225. Professions and Occupations.

Summary: This Act prohibits the slaughter of horses for human consumption as well as importing, exporting, selling, giving, or even possessing horse meat if a person knows or should know that it will be used for human consumption. Violation of this section of the Act is a Class C misdemeanor. The Act does contain several exceptions. Notably, it does not apply to any commonly accepted noncommercial, recreational, or sporting activities.

This Act prohibits the slaughter of horses for human consumption as well as importing, exporting, selling, giving, or even possessing horse meat if a person knows or should know that it will be used for human consumption. Violation of this section of the Act is a Class C misdemeanor. The Act does contain several exceptions. Notably, it does not apply to any commonly accepted noncommercial, recreational, or sporting activities.

IL - Equine Liability Act - Equine Activity Liability Act

Summary: This act stipulates that an equine sponsor or professional, or any other person, is immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule; a person will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.

This act stipulates that an equine sponsor or professional, or any other person, is immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule; a person will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.

ID - Equine Activity Liability - CHAPTER 18. EQUINE ACTIVITIES IMMUNITY ACT.

Summary: This Idaho statute provides that an equine activity sponsor or an equine professional shall not be liable for any injury to or the death of a participant or equine engaged in an equine activity and no participant may maintain an action against an equine activity sponsor or professional. Statutory definitions are provided, including "participant," "equine," and who is considered an "equine sponsor" or "equine professional. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant.

This Idaho statute provides that an equine activity sponsor or an equine professional shall not be liable for any injury to or the death of a participant or equine engaged in an equine activity and no participant may maintain an action against an equine activity sponsor or professional. Statutory definitions are provided, including "participant," "equine," and who is considered an "equine sponsor" or "equine professional. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant.

IA - Equine Activity Liability Statute - Chapter 673. Domesticated Animal Activities.

Summary: This Iowa statute provides that a domesticated animal professional, sponsor, or exhibitor is not liable for the damages, injury, or death suffered by a participant or spectator resulting from the inherent risks of a domesticated animal activity. However, this section shall not apply to the extent that the claim for damages, injury, or death is caused by an act committed intentionally, recklessly, or while under the influence of an alcoholic beverage or other drug, the knowing use of faulty equipment or tack, the failure to notify a participant of a known dangerous latent condition on real property in which the defendant holds an interest, a domesticated animal activity which occurs in a place designated as a place for persons who are not participants to be present, or a domesticated animal activity which causes damages, injury, or death to a spectator who is in a place where a reasonable person would not expect a domesticated animal activity to occur. Not only does the statute require the displaying of warning signs alerting participants to the limitation of liability of the equine operators, but in cases where a written contract is executed, special provisions must be present on the contract.

This Iowa statute provides that a domesticated animal professional, sponsor, or exhibitor is not liable for the damages, injury, or death suffered by a participant or spectator resulting from the inherent risks of a domesticated animal activity. However, this section shall not apply to the extent that the claim for damages, injury, or death is caused by an act committed intentionally, recklessly, or while under the influence of an alcoholic beverage or other drug, the knowing use of faulty equipment or tack, the failure to notify a participant of a known dangerous latent condition on real property in which the defendant holds an interest, a domesticated animal activity which occurs in a place designated as a place for persons who are not participants to be present, or a domesticated animal activity which causes damages, injury, or death to a spectator who is in a place where a reasonable person would not expect a domesticated animal activity to occur. Not only does the statute require the displaying of warning signs alerting participants to the limitation of liability of the equine operators, but in cases where a written contract is executed, special provisions must be present on the contract.

HI - Equine Activity Liability Statute

Summary: Hawaii is unique in how it treats liability for injuries incurred during equine activities. The relevant section provides that, in any civil action for injury, loss, damage, or death of an equine participant, there shall be a rebuttable presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine professional, or their employees or agents, if the injury, loss, damage, or death was caused solely by the inherent risk and unpredictable nature of the equine. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine or activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant.

Hawaii is unique in how it treats liability for injuries incurred during equine activities. The relevant section provides that, in any civil action for injury, loss, damage, or death of an equine participant, there shall be a rebuttable presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine professional, or their employees or agents, if the injury, loss, damage, or death was caused solely by the inherent risk and unpredictable nature of the equine. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine or activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant.

GA - Horses - Chapter 13. Humane Care for Equines.

Summary: This section comprises Georgia's Humane Care for Equines Act. The act states that it is unlawful for the owner of any equine to fail to provide adequate food and water to such equine; to fail to provide humane care for such equine; or to unnecessarily overload, overdrive, torment, or beat any equine or to cause the death of any equine in a cruel or inhumane manner. The Act also outlines procedures for the care impounded of equines as well as disposal procedures, which includes auction and euthanasia, when the owner cannot be found or refuses to enter into a consent order. Violation of this chapter results a misdemeanor.

This section comprises Georgia's Humane Care for Equines Act. The act states that it is unlawful for the owner of any equine to fail to provide adequate food and water to such equine; to fail to provide humane care for such equine; or to unnecessarily overload, overdrive, torment, or beat any equine or to cause the death of any equine in a cruel or inhumane manner. The Act also outlines procedures for the care impounded of equines as well as disposal procedures, which includes auction and euthanasia, when the owner cannot be found or refuses to enter into a consent order. Violation of this chapter results a misdemeanor.

GA - Horse Meat - Article 4. Advertisement and Sale of Meat Generally.

Summary: As stated in the legislative intent, the General Assembly declares that purchasers and consumers have a right to expect and demand honesty and fair practices in the sale of meat for human consumption. It is the purpose of this Code to ensure that honest, fair, and ethical practices are followed in the advertising and sale of meat for human consumption. With regard to horsemeat, the Code prohibits the slaughter a horse in this state for the purpose of selling or offering for sale for human consumption or for other than human consumption the horse meat derived from such slaughtered animal unless certain conditions are met. Further, no horse meat shall be sold or offered for sale in this state for human consumption unless at the place of sale there shall be posted in a conspicuous location a sign bearing the words "HORSE MEAT FOR SALE."

As stated in the legislative intent, the General Assembly declares that purchasers and consumers have a right to expect and demand honesty and fair practices in the sale of meat for human consumption. It is the purpose of this Code to ensure that honest, fair, and ethical practices are followed in the advertising and sale of meat for human consumption. With regard to horsemeat, the Code prohibits the slaughter a horse in this state for the purpose of selling or offering for sale for human consumption or for other than human consumption the horse meat derived from such slaughtered animal unless certain conditions are met. Further, no horse meat shall be sold or offered for sale in this state for human consumption unless at the place of sale there shall be posted in a conspicuous location a sign bearing the words "HORSE MEAT FOR SALE."