Equine Liability

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.

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.

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.

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: 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 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 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 Colorado statute embodies the intent of the general assembly to encourage equine activities and llama activities by limiting the civil liability of those involved in such activities. This section also contains specific provisions related to llama activities. Liability is not limited by this statute where the equine or llama sponsor provided faulty equipment or tack, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the activity, owned or otherwise possessed the land upon which an injury occurred where there was a known 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: This Arizona statute provides that an equine agent or owner is not liable for injury if the participant took control of the equine prior to injury, if a parent or guardian signed a release on behalf of a minor, if the owner or agent has properly installed suitable tack or the participant has personally tacked the equine, or the owner or agent assigns a suitable equine based on a reasonable interpretation of the person's representation of his or her skills, health and experience with and knowledge of equines. Liability is not limited, however, when an equine owner or agent is grossly negligent or commits willful, wanton or intentional acts or omissions.

Summary: This Arkansas statute provides that an equine activity sponsor, an employee of an equine activity sponsor, a livestock sponsor, an employee of a livestock sponsor, a livestock owner, a livestock facility, or a livestock auction market are not liable for an injury to or the death of a participant resulting from the inherent risks of an equine activities activity or a livestock activity. Liability is not limited when the equine activity sponsor or an employee of an equine activity sponsor, a livestock sponsor, an employee of a livestock sponsor, a livestock owner, a livestock facility, or a livestock auction market knows or should know the equipment or tack is faulty, fails to make reasonable and prudent efforts to determine the ability of the participant, was aware of dangerous latent condition on the land, commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, or when the participant is intentionally injured. Warning signs alerting participants to the assumption of risk in equine activities are also required by law.