Equine Issues

NH - Equine Activity Liability - Chapter 508. Limitation of Actions.

Summary: This New Hampshire statute provides that an equine activity sponsor, an equine professional, or any other person engaged in an equine activity, shall not be liable for an injury or the death of a participant resulting from the inherent risks of equine activities. However, 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. The statute also sets out several definitions and specifically states that the term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator is in an unauthorized area and in immediate proximity to the equine activity.

This New Hampshire statute provides that an equine activity sponsor, an equine professional, or any other person engaged in an equine activity, shall not be liable for an injury or the death of a participant resulting from the inherent risks of equine activities. However, 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. The statute also sets out several definitions and specifically states that the term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator is in an unauthorized area and in immediate proximity to the equine activity.

NH - Agricultural Animals - Chapter 435. Animal Care, Breeding and Feed

Summary: This New Hampshire chapter concerns the registration of breeding stallions and the proper care, feeding, and shelter of horses. The chapter also includes the New Hampshire Commercial Feed Law of 1971. Within this law are prohibitions on the misbranding or adulteration of commercial feed. The chapter additionally prohibits the feeding of raw garbage to swine.

This New Hampshire chapter concerns the registration of breeding stallions and the proper care, feeding, and shelter of horses. The chapter also includes the New Hampshire Commercial Feed Law of 1971. Within this law are prohibitions on the misbranding or adulteration of commercial feed. The chapter additionally prohibits the feeding of raw garbage to swine.

NE - Horse Slaughter - Article 19. Meat and Poultry Inspection. (a) Nebraska Meat and Poultry Inspection Law

Summary: The Nebraska Meat and Poultry Inspection Law assures that only wholesome meat and poultry products enter regular commercial channels of commerce and to provide that same are identified and truthfully labeled. It is unlawful under the act for any person to operate or maintain any establishment unless first licensed by the department. With regard to horses, it is unlawful for any person to sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the director to show the kinds of animals from which they were derived.

The Nebraska Meat and Poultry Inspection Law assures that only wholesome meat and poultry products enter regular commercial channels of commerce and to provide that same are identified and truthfully labeled. It is unlawful under the act for any person to operate or maintain any establishment unless first licensed by the department. With regard to horses, it is unlawful for any person to sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the director to show the kinds of animals from which they were derived.

NE - Equine Activity Liability - Article 21. Actions and Proceedings in Particular Cases. (EE) Equine Activities

Summary: This Nebraska 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 and no participant shall make any claim against, maintain an action against, or recover from an equine activity sponsor. Statutory definitions are provided, including "participant," "inherent risk," and who is considered an "equine sponsor" or "equine professional." Engages in an equine activity does not include being a spectator at an equine activity except in cases when the spectator places himself or herself in an unauthorized area. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law.

This Nebraska 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 and no participant shall make any claim against, maintain an action against, or recover from an equine activity sponsor. Statutory definitions are provided, including "participant," "inherent risk," and who is considered an "equine sponsor" or "equine professional." Engages in an equine activity does not include being a spectator at an equine activity except in cases when the spectator places himself or herself in an unauthorized area. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law.

ND - Equine Activity - Chapter 53-10. Equine Activity Sponsor or Professional.

Summary: This North Dakota statute provides that an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant 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 activity," 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 North Dakota statute provides that an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant 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 activity," 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.

NC - Equine Activity Liability - Article 1. Equine Activity Liability

Summary: This act stipulates that an equine sponsor or equine professional, or any other person, including corporations and partnerships, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. New provisions added in 2013 now also protect a farm animal activity sponsor, a farm animal professional, or any other person engaged in a farm animal activity, including a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of farm animal activities. However, there are exceptions to this rule: a person, corporation, or partnership 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.

This act stipulates that an equine sponsor or equine professional, or any other person, including corporations and partnerships, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. New provisions added in 2013 now also protect a farm animal activity sponsor, a farm animal professional, or any other person engaged in a farm animal activity, including a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of farm animal activities. However, there are exceptions to this rule: a person, corporation, or partnership 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.

MT - Horse Slaughter - Chapter 9. Slaughter.

Summary: This Montana statute limits the ability of a court to issue an injunction aimed at delaying or stopping the construction of an equine slaughter or processing facility. Additionally, the law provides that if a person files an action against the operation of an equine slaughter or processing facility and does not prevail, the person is liable for all financial losses the facility suffers if the court issues an injunction that halts operations while the action is pending.

This Montana statute limits the ability of a court to issue an injunction aimed at delaying or stopping the construction of an equine slaughter or processing facility. Additionally, the law provides that if a person files an action against the operation of an equine slaughter or processing facility and does not prevail, the person is liable for all financial losses the facility suffers if the court issues an injunction that halts operations while the action is pending.

MT - Equine Activity Liability - Chapter 1. Availability of Remedies--Liability.

Summary: The Montana equine activity liability act provides that it is the policy of the state of Montana that a person is not liable for damages sustained by another solely as a result of risks inherent in equine activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in 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 willful or wanton disregard for the safety of the participant or intentionally injures the participant.

The Montana equine activity liability act provides that it is the policy of the state of Montana that a person is not liable for damages sustained by another solely as a result of risks inherent in equine activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in 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 willful or wanton disregard for the safety of the participant or intentionally injures the participant.

MS - Equine Activity Liability - Chapter 11. Liability Exemption for Livestock Shows and Equine Activities

Summary: This Mississippi statute embodies the the intent of the Legislature to encourage equine and livestock activities by limiting the civil liability of those involved in such 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 or livestock 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. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law.

This Mississippi statute embodies the the intent of the Legislature to encourage equine and livestock activities by limiting the civil liability of those involved in such 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 or livestock 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. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law.

MO - Equine Activity Liability - 537.325. Definitions--liability for equine or livestock

Summary: This Missouri 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 and no participant shall make maintain an action against an equine operator. Statutory definitions are provided, including "participant," "inherent risk," and who is considered an "equine sponsor" or "equine professional." The term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator places him or herself in an unauthorized area. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law.

This Missouri 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 and no participant shall make maintain an action against an equine operator. Statutory definitions are provided, including "participant," "inherent risk," and who is considered an "equine sponsor" or "equine professional." The term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator places him or herself in an unauthorized area. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law.