Equine Issues

Summary: This Rhode Island section provides that 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 unless the equine activity sponsor, professional or other person are demonstrated to have failed to exercise due care under the circumstances towards the participant. 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.

Summary: These statutes comprise Pennsylvania's Equine Activity Act, which sent into effect on February 21, 2006. Under the law, liability for negligence shall only be barred where knowing voluntary assumption of risk is proven in a particular case. However, the Act provides immunity only where a sign that states, "You assume the risk of equine activities pursuant to Pennsylvania law," is conspicuously posted on the premises in two or more locations.

Summary: This act stipulates that an equine sponsor or an equine professional is immune from liability for the death or injury of a participant, arising out of riding, training, driving, grooming or riding as a passenger upon an equine. However, there are exceptions to this rule: an equine sponsor or professional 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.

Summary: The Oklahoma Livestock Activities Liability Limitation Act provides that it is the intent of the Oklahoma Legislature to encourage livestock activities by limiting the civil liability of livestock activities sponsors, participants and livestock professionals involved in such activities. A livestock activity sponsor, a participant or a livestock professional acting in good faith and pursuant to the standards of the livestock industry shall not be liable for injuries to any person engaged in livestock activities when such injuries result from the inherent risks of livestock activities. Oklahoma also has a unique provision that explicitly states that two or more persons may agree, in writing, to extend the waiver of liability pursuant to the provisions of the Oklahoma Livestock Activities Liability Limitation Act.

Summary: These Ohio statutes deal with horse slaughter and horse meat. Any person who has any establishment that processes and sells horse meat for human food must be licensed by the department of agriculture. The statutes also stipulate certain labeling, signage, and record-keeping requirements. A violation is a first degree misdemeanor.

Summary: This act stipulates that an equine sponsor, equine activity participant, equine professional, veterinarian, farrier, or any other person is not liable in damages in a tort or other civil action for harm that an equine activity participant allegedly sustains during an equine activity, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: an equine sponsor, equine activity participant, equine professional, veterinarian, farrier, or any other 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, an equine sponsor, equine activity participant, equine professional, veterinarian, farrier, or any other 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.

Summary: The state racing and wagering board issues licenses to owners, trainers, assistant trainers and jockeys, jockey agents, and stable employees for horse races, including steeplechases.

Summary: This act stipulates that any person, corporation or partnership is immune from liability for the death or injury of a rider, which resulted while the rider was engaged in an equine activity. However, there are exceptions to this rule: a person, corporation, or partnership will be held liable for injuries if he or she displays a conscious, reckless, or intentional disregard for the safety of the rider, and if the person, corporation, or partnership fails to make reasonable and prudent efforts in ensuring the safety of the rider.

Summary: This New Jersey equine activity liability statute fist begins by setting forth the legislative recognition of the importance of equine activities to the state and the fact that eliminating the inherent risks in engaging in them is impractical or impossible. Further, a participant and spectator are deemed to assume the inherent risks of equine animal activities created by equine animals, and is assumed to know the range of his ability and it shall be the duty of each participant to conduct himself within the limits of such ability. This acknowledgment of the assumption of risk serves as a complete bar of suit and shall serve as a complete defense to a suit against an operator by a participant for injuries resulting from the assumed risks (excluding the exceptions outlined in the statute).

Summary: This New Jersey law enacted in 2012 makes it a disorderly persons offense to knowingly slaughter a horse for human consumption. Additionally, it makes the knowing sale or barter of horseflesh for human consumption a disorderly persons offense. Violation incurs a fine of not less than $100 and a term of imprisonment of not less than 30 days.