Equine Issues

Summary: This act stipulates that an equine sponsor or professional, or a llama sponsor or professional, or any other person, including corporations, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine or llama activities. However, there are exceptions to this rule: A person will be held liable for injuries if they display a willful and wanton or intentional disregard for the safety of the participant and if they fail to make reasonable and prudent efforts in ensuring the safety of the participant.

Summary: Florida Governor Charlie Crist signed this amendment into law on May 17, 2010 making it a second-degree felony for any person to willfully and unlawfully, by any means whatsoever, kill, maim, mutilate, or cause great bodily harm or permanent breeding disability to any animal of the genus Equus (horse). Any person who commits a violation of this subsection shall be sentenced to a minimum mandatory fine of $3,500 and a minimum mandatory period of incarceration of 1 year.

Summary: This Florida statute provides that an equine activity sponsor, an equine professional, or any other person shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Liability will not be limited by statute, however, where the equine professional or sponsor knew the tack or equipment was faulty, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or is otherwise in lawful possession of the land or facilities where the injury is attributable to a known dangerous latent condition, commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, or intentionally injures the participant. Posting of warning signs alerting participants to the limitation of liability by law is also required.

Summary: This Florida makes it unlawful for any person to sell in the markets of this state horse meat for human consumption unless the horse meat is clearly stamped, marked, and described as horse meat for human consumption or to knowingly transport, distribute, sell, purchase, or possess horse meat for human consumption that is not clearly stamped, marked, and described as horse meat for human consumption or horse meat that is not acquired from a licensed slaughterhouse.

Summary:

These amendments to the Wild Horses Act, 16 U.S.C.A. § 1333, amended by Public Law 108-447, allow for the sale of animals for commercial purposes in some circumstances, specifically when the excess animal is more than 10 years old, or has been unsuccessfully offered for adoption on at least 3 occasions.  Once the excess animal is sold, it will no longer be considered a wild free-roaming horse or burro according to this Act.

Summary: The Wild Horses and Burros Act approved December 15, 1971, provides for protection of wild, free-roaming horses and burros. It directs the Bureau of Land Management of the Department of the Interior and Forest Service of the Department of Agriculture to manage such animals on public lands under their jurisdiction.

Summary: This Delaware statute provides that an equine activity sponsor, an equine professional or any other person shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Liability is not limited, however, when the equine professional knowingly used faulty tack, failed to make reasonable and prudent efforts to determine the ability of the participant to engage in the activity, owns or otherwise is in lawful possession of the land upon which the participant sustained injuries because of a dangerous latent condition which was known, commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, or intentionally injures the participant. Equine professionals and sponsors are also required to post warning signs alerting the participants to the limitation of liability by law.

Summary: This DC regulation makes it unlawful to operate a horse-drawn carriage trade without a license and an ID card. The regulations forbid certain types of bits and require that each horse wear a diaper. Horses may not be worked or driven for more than 8 hours a day. Horses must be rested, provided with food and water. A violation of the regulations may result in a fine of $300 (1st offense). A serious intentional injury to the horse by neglect or inhumane treatment shall be fined up to $2,500.

Summary: This short Connecticut statute limits the liability of equine sponsors by providing that each person engaged in recreational equestrian activities assumes the risk for any injury arising out of the hazards inherent in equestrian sports. However, if the injury was proximately caused by the negligence of the person providing the horse or by the failure to guard or warn against a dangerous condition, use, structure or activity, liability if not limited by law. Another section (557s), enacted in 2014, states that, in any civil action brought against the owner or keeper of any horse, pony, donkey or mule to recover damages for any personal injury allegedly caused by such horse, pony, donkey or mule, such horse, pony, donkey or mule shall not be found to belong to a species that possesses a naturally mischievous or vicious propensity. As such, there is no cause of action for strict liability brought against the owner of any horse, pony, donkey or mule to recover damages for any personal injury alleged to be caused by the animal.

Summary: This Connecticut law states that a public eating place shall not sell or offer equine meat without without indicating such contents of each item in print. Any person, or the responsible agent of any firm or corporation, who violates any provision of this section shall be fined not more than $1,000 or imprisoned not more than 1 year or both.