|
Statute Name
|
Citation
|
Summary
|
|
AK - Bite - Killing dogs annoying or evincing tendency to bite animals or fowls.
|
AK ST § 03.55.030
|
This Alaska statute provides that any dog that habitually annoys any wild deer, reindeer, sheep, cattle, horse, or other animal or bird either domestic or wild, or evinces a disposition which makes it likely that it will without provocation bite an animal or fowl, may be lawfully killed by any person when it is found at large. The owner or keeper of the dog, if known or reasonably identifiable, shall be notified and given reasonable opportunity to restrain the dog before it is lawful to kill it.
|
|
AK - Equine Activity Liability Statute
|
AK ST § 09.65.145; AK ST § 09.65.290
|
Two Alaska statutes are provided here that relate to the limitation of liability for equine activities. The first is the equine activity liability statute, which states that livestock are unpredictable and inherently dangerous and all persons who knowingly place themselves in proximity to livestock for any reason involving an activity that includes livestock are considered a participant in livestock activity and assume the risk. Exclusions include gross negligence of the equine sponsor, knowledge of faulty tack or equipment, and failure to properly ascertain the level of competence by the participant. The second statute reiterates that a person who participates in a sports or recreational activity assumes the inherent risks in that sports or recreational activity, including horseback riding.
|
|
AL - Equine Activity Liability Statute
|
AL ST § 6-5-337
|
This Alabama statute embodies the legislature's recognition that persons who participate in equine activities may incur injuries as a result of the risks involved in those activities. This statute provides that for the immediate preservation of the public peace, health, and safety, and to encourage equine activities, civil liability of those involved in equine activities is limited by law. Liability is not limited when the equine sponsor intentionally injures a participant or engages in willful or wanton behavior that causes injury or death.
|
|
AZ - Equine Activity Liability Statute
|
AZ ST § 12-553
|
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.
|
|
CA - Abandonment - § 597.2. Equines; abandoned or relinquished; auction and adoption programs
|
CA PENAL § 597.2
|
This California statute sets forth the requirements for the sale of equines at a private or public auction and that the minimum price must be above the animal's slaughter price. It also provides that a sale to an individual who buys an equine under the personal use provision shall submit a written statement declaring that the person is adopting the equine for personal use and not for purposes of resale, resale for slaughter, or holding or transporting the equine for slaughter.
|
|
CA - Burro - Killing or capturing undomesticated burro; prima facie evidence
|
CA FISH & G § 4600
|
This section makes it unlawful to kill, wound, capture, or have in possession any undomesticated burro. An undomesticated burro is a wild burro or a burro which has not been tamed or domesticated for a period of three years after its capture.
|
|
CA - Docking - § 597n. Docked horses; prohibition of docking; importation or use of unregistered animals
|
CA PENAL § 597n
|
This statute prohibits anyone from cutting the solid part of a horse's tail in the operation known as "docking," or in any other operation performed for the purpose of shortening the tail of a horse. It also makes it a crime to import or bring a docked horse into the state of California, or drive, work, use, race, or deal in any unregistered docked horse.
|
|
CA - Euthanasia - § 599e. Killing unfit animals after notice by officer; offense of refusal to kill; killing by officer; exception
|
CA PENAL § 599e
|
This statute requires an owner of an animal deemed to be unfit for employment to kill the animal within 12 hours, after being notified by any peace officer, or be subject to criminal penalties.
|
|
CA - Horse docking - § 597p. Docked horses; registration; time; fee; certificate
|
CA PENAL § 597p
|
This statute requires every owner, or user of any docked horse, within the State of California, to register his or her docked horse.
|
|
CA - Horse docking - § 597q. Docked horses; unregistered; prima facie evidence
|
CA PENAL § 597q
|
This statute provides that the driving, working, keeping, racing or using of any unregistered docked horse, or horses, after 60 days after the passage of this act, shall be deemed prima facie evidence of the fact that the party driving, working, keeping, racing or using such unregistered docked horse, or horses, docked the tail of such horse or horses.
|
|
CA - Horse slaughter - § 597o. Humane transportation of equine to slaughter; vehicle requirements; segregation of animals; violations
|
CA PENAL § 597o
|
This statute outlines the requirements for transporting equine to slaughter, including, but limited to, proper ventilation, sufficient space for equine to stand, and the use of ramps and floors with nonskid surfaces.
|
|
CA - Horse slaughter - § 598c. Horse slaughter for human consumption
|
CA PENAL § 598c
|
Under this statute, it is unlawful for any person to possess, to import into or export from the state, or to sell, buy, give away, hold, or accept any horse with the intent of killing, or having another kill, that horse, if that person knows or should have known that any part of that horse will be used for human consumption. Violation incurs a possible felony conviction with imprisonment from 16 months to three years.
|
|
CA - Horse slaughter - § 598d. Sale of horsemeat for human consumption
|
CA PENAL § 598d
|
This statute prohibits horsemeat to be offered for sale for human consumption. Further, no restaurant, cafe, or other public eating place may offer horsemeat for human consumption.
|
|
CA - Horse tack - § 597k. Bristle bur, tack bur, etc.; use on animals
|
CA PENAL § 597k
|
This section prohibits the use of what is known as a bristle bur, tack bur, or something like it, to be used on a horse or any other animal.
|
|
CA - Horse transportation - § 597x. Disabled equine; sale or transport for commercial slaughter; misdemeanor
|
CA PENAL § 597x
|
This statute makes it unlawful for any person to sell, attempt to sell, load, cause to be loaded, transport, or attempt to transport any live horse, mule, burro, or pony that is disabled, if the animal is intended to be sold, loaded, or transported for commercial slaughter out of the state.
|
|
CA - Horse Tripping - Poling or tripping a horse; offenses; exceptions
|
CA PENAL § 597g
|
This section defines "poling" and "tripping" of a horse and makes both practices a misdemeanor under California state law. Poling a horse is a method of training a horse to jump which consists of such methods as forcing, persuading, or enticing a horse to jump. Tripping a horse is an act that consists of the use of any wire, pole, stick, rope, or other object or apparatus whatsoever to cause a horse to fall or lose its balance.
|
|
CA - Horses docking - § 597r. Docked horses; exception of imported stock; registration
|
CA PENAL § 597r
|
This statute makes it a misdemeanor to violate any of the horse docking provisions, but creates an exception from the provisions of Sections 597n, 597p, and 597q, to persons owning or possessing any docked purebred stallions and mares imported from foreign countries for breeding or exhibition purposes only.
|
|
CA - Humane Slaughter - Slaughter
|
CA FOOD & AG § 19501 - 19503
|
This California section constitutes the humane slaughter provisions for cattle, calves, horses, mules, sheep, swine, goats, fallow deer, and poultry. The law provides that the animal shall be rendered insensible to pain by a captive bolt, gunshot, electrical or chemical means, or any other means that is rapid and effective before being cut, shackled, hoisted, thrown, or cast, with the exception of poultry which may be shackled. Note that despite the section covering poultry, it does not apply to the slaughter of spent hens and small game birds, as defined by the department by regulation.
|
|
CA - Rodeos - § 596.7. Rodeos; veterinarians present at performances; violation of section
|
CA PENAL § 596.7
|
This statute requires that animals involved in public rodeos to have access to veterinarian care and mandates treatment of injured rodeo animals.
|
|
CA - Service Animal - § 600. Horses or dogs used by peace officers; willful and malicious harm or interference; punishment; restitution
|
CA PENAL § 600
|
This statute makes it a crime to willfully harm or injure in any way a horse or dog under the supervision of law enforcement in the discharge of official duties. The section distinguishes between serious and less serious injuries and defines the punishment for conviction of this offense accordingly.
|
|
CA - Slaughter - General Slaughter Provisions
|
CA FOOD & AG § 19501 - 19503
|
These sections enumerate the prescribed methods for slaughtering cattle, calves, horses, mules, sheep, swine, goats, fallow deer, and poultry. The regulations adopted under this chapter are required to conform as far as possible to the regulations of the United States Department of Agriculture governing methods of slaughtering.
|
|
CA - Slaughter - Prohibition of Horse Slaughter and Sale of Horsemeat for Human Consumption Act of 1998
|
California Proposition 6 (1998)
|
Prohibits any person from possessing, transferring, receiving or holding any horse, pony, burro or mule with intent to kill it or have it killed, where the person knows or should know that any part of the animal will be used for human consumption. Provides that a violation constitutes a felony offense. Also adds a provision making the sale of horsemeat for human consumption a misdemeanor offense, with subsequent violations punished as felonies.
|
|
CA - Slaughter - § 599f. Nonambulatory animals; slaughter houses; transactions; euthanasia; movement; violations
|
CA PENAL § 599f
|
As used in this section, "nonambulatory" means unable to stand and walk without assistance. This statute prohibits a slaughterhouse that is not inspected by the United States Department of Agriculture, stockyard, or auction shall buy, sell, or receive a nonambulatory animal. It also mandates the care that must be given to a nonambulatory animal in transit.
|
|
CO - Equine Activity Liability Statute
|
CO ST § 13-21-119
|
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.
|
|
CO - Humane Slaughter - Slaughter, Processing, and Sale of Meat Animals Act
|
CO ST § 35-33-101 - 407
|
This Colorado section includes both the meat processing laws and the humane slaughter provisions. It covers livestock, which are defined as cattle, calves, sheep, swine, horses, mules, goats, and any other animal which may be used in and for the preparation of meat or meat products. No processor shall shackle, hoist, or otherwise bring livestock into position for slaughter or shall slaughter livestock except by humane methods as defined by regulation; the use of a manually operated hammer, sledge, or poleax is not permitted. Additionally, poultry shall be slaughtered in accordance with "good commercial practices" and in a manner that will result in thorough bleeding. Any person who violates any provision is subject to a civil penalty of not more than $750 per violation for each day of violation and commits a class 2 misdemeanor.
|
|
CT - Equine Activity Liability Statute
|
CT ST § 52-557p
|
This unusually 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 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.
|
|
DE - Equine Activity Liability Statute
|
DE ST TI 10 § 8140
|
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.
|
|
FL - Equine Activity Liability Statute
|
FL ST § 773.01 - 773.05
|
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.
|
|
GA - Horse - Equine Liability Act
|
GA ST §§ 4-12-1 - 5
|
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.
|
|
HI - Equine Activity Liability Statute
|
HI ST § 663B-1, B-2
|
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.
|
|
IA - Equine Activity Liability Statute
|
IA ST § 673.1 - 673.5
|
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.
|
|
IA - Slaughter - Livestock Abuse and Livestock Neglect
|
IA ST 717.1, 717.1A, 717.2
|
Livestock were excluded from the definition of animal in Iowa's animal cruelty laws in 1994. These sections deal exclusively with livestock and exempt practices consistent with customary farming practices.
|
|
ID - Equine Activity Liability Statute
|
ID ST § 6-1801, 1802
|
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.
|
|
IL - Equine Liability Act
|
IL ST CH 745 S 47/1
|
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.
|
|
IN - Equine Activity Statute
|
IN ST 34-31-5-1 - 5
|
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.
|
|
IN - Humane Slaughter - Humane Slaughter Act
|
IN ST 15-2.1-24-1 - 33
|
This Indiana statutory section comprises both the state's meat processing laws and humane slaughter provisions. The state board responsible for carrying out this Act are empowered to adopt rules governing humane methods to make livestock or poultry insensible to pain before incision of an instrument for severance of the carotid arteries. The rules must conform as far as applicable to the regulations promulgated under the Federal Humane Slaughter Act. Most of the laws in this section pertain to inspection of commercial livestock facilities and the labeling of postmortem and antemortem animals. However, violation of the humane slaughter provisions appear to result in a Class B misdemeanor where there has been a "reckless violation."
|
|
KS - Equine Activity Liability Statute
|
KS ST § 60-4001 - 4004
|
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.
|
|
KY - Equine Activity Liability Statute
|
KY ST § 247.401- - 407
|
This Kentucky statute embodies the the legislative intent to encourage farm animal activities activities by limiting the civil liability of those involved in such activities. Statutory definitions are provided, including "inherent risks of farm animal activities" and "engages in farm animal activity." The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law. Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent a farm animal activity sponsor or farm animal professional from invoking the provisions of KRS 247.401 to 247.4029.
|
|
LA - Equine Activity Liability Statute - Amended 2006
|
LA R.S. 9:2795.1; LA R.S. 9:2795.3
|
The Louisiana law regarding equine activity liability is divided into two sections; one related to "farm animal activity" and one specific to "equine activity sponsors." Both statutes have identical terms, save for the animal to which the statute pertains. Under both, engaging in the farm animal or equine activity does not include being a spectator at a farm animal activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the farm animal or equine activity. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law and any written contracts must include the statutory language provided. Failure to comply with the requirements concerning warning notices provided prevents a farm animal activity sponsor or equine sponsor from invoking the privilege of immunity provided by this section.
|
|
MA - Equine Activity Liability Statute
|
MA ST 128 § 2D
|
This Massachusetts law 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. The statute sets out several definitions related to equine activities, but specifically notes that the term "engage in an equine activity" shall not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area or in immediate proximity to the equine activity. 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.
|
|
ME - Equine Liability Act (Maine)
|
ME ST T. 7 § 4101 - 4103-A
|
This act stipulates that an equine sponsor, equine professional, or any other person engaged in an equine activity, is immune from liability for the death or injury of a participant, as well as property damage, 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.
|
|
MI - Equine Activity Liability Act
|
MCLA 691.1661
|
This statute sets out the liabilities for those that own and use horses: both commercial horse operations and horse shows. It limits liability of owners in certain circumstances.
|
|
MI - Equine Liability Act
|
MI ST 691.1661
|
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 if he or she commits a negligent act or omission that results in the proximate cause of injury or death, 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.
|
|
MI - Service Animal - Police Dog or Horse Provision
|
MCL 750.50c
|
This statute outlines the penalty for the intentional physical harm or interference with a police dog or horse. The statute provides for a misdemeanor in the case of interference to the animal and a five-year felony where the animal was killed or seriously physically injured. If the interference was committed during the commission of another felony, then the penalty rises to a potential two-year imprisonment.
|
|
MN - Equine Activity Liability Statute
|
MN ST § 604A.12
|
This Minnesota statute comprises the state's equine activity liability statute. The act is not limited to equines, but rather extends protection from liability to participants engaged in "livestock activities." It is important to note that this provision and exemption from liability applies on to non-profit entities. Liability is not limited where the livestock professional knowingly used faulty tack, the person failed to reasonable care to protect the participant from a known, human-made dangerous condition, the person is a livestock activity sponsor and fails to comply with the notice requirement, or the act or omission of the person was willful or negligent.
|
|
MO - Equine Activity Liability Statute
|
MO ST 537.325
|
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.
|
|
MS - Equine Activity Liability Statute
|
MS ST § 95-11-1 - MS ST § 95-11-7
|
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.
|
|
MT - Equine Activity Liability Statute
|
MT ST 27-1-725 - 728
|
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.
|
|
MT - Trusts - Honorary trusts -- trusts for pets
|
MT ST 72-2-1017
|
This Montana statute states that a trust for the care of a designated domestic or pet animal is valid (but for no longer than 21 years, even if the trust provides for a longer term). The trust terminates when no living animal is covered by the trust. Extrinsic evidence is admissible in determining the transferor's intent. Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the trust's purposes or for the benefit of a covered animal and a court may reduce the amount of the property transferred if it determines that that amount substantially exceeds the amount required for the intended use.
|
|
NC - Equine Activity Liability Act
|
NC ST S 99E-1
|
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. 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.
|
|
ND - Horse - Equine Activity Liability Statute
|
ND ST 53-10-01; ND ST 53-10-02
|
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.
|
|
NE - Equine Activity Liability Statute
|
NE ST § 25-21,249 - 253
|
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.
|
|
NE - Licenses - Animals at large; regulation; penalty.
|
NE ST § 15-218
|
This Nebraska statue provides that a primary city shall have power, by ordinance, to regulate or prohibit the running at large of cattle, hogs, horses, mules, sheep, goats, dogs, and other animals and to cause these animals to be impounded and sold to discharge the cost of impoundment.
|
|
NH - Equine Activity Liability Statute
|
NH ST § 508:19
|
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 - Humane Slaughter - Humane Slaughter
|
NH ST § 427:33 - 37
|
These laws comprise New Hampshire's humane slaughter provisions. A humane method is defined as one where the animal is rendered insensible to pain by a single blow or shot of a mechanical instrument or by electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut. Ritual slaughter required by the ritual of the Jewish faith, whereby the animal suffers loss of consciousness by anemia of the brain is also allowed. Any slaughterer who violates this subdivision shall be guilty of a misdemeanor.
|
|
NJ - Equine Activity Liability Statute
|
NJ ST 5:15-1 - 12
|
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).
|
|
NJ - Trusts - Trusts for care of domesticated animals
|
NJ ST 3B:11-38 (2001)
|
This New Jersey statute provides that a trust for the care of a domesticated animal is valid. Trusts under this section terminate when no living animal is covered by the trust, or at the end of 21 years, whichever occurs earlier.
|
|
NM - Equine Activity Liability Act
|
NM ST § 42-13-1 - 5
|
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.
|
|
NV - Symbol - Assembly Bill 219 (Designation of Wild Horse As Nevada State Animal)
|
Nevada Assembly Bill 219 (2001)
|
This Nevada assembly bill (which died in committee in 2001) recognized the struggle of wild horse populations on public rangeland in Nevada and proposed an appropriate level of management and funding to retain the populations. It further would have made the wild horse the Nevada state animal.
|
|
NV - Trusts - Assembly Bill 33 (Pet Trusts)
|
Nevada Assembly Bill 33 (2001)
|
This Nevada Assembly Bill provides a mechanism for individuals to establish a trust under which a trustee can be appointed to care for the individual's pets after his or her death. The bill includes a provision that gives any amount beyond that which is necessary to care for the pets to the person who would have received the trust property had the trust been terminated and also allows the court to appoint a trustee if the settlor did not do so when he or she created the trust. The bill states that a settlor's expression of intent must be liberally construed in favor of the creation of such a trust.
|
|
NV - Trusts - Validity of trust providing for care of one or more animals
|
NV ST 163.0075
|
This Nevada statute allows for a trust created for the care of one or more animals that are alive at the time of the settlor's death (note the statute does not state "domestic" or "pet" animal). Such a trust terminates upon the death of all animals covered by the terms of the trust. It further provides that a settlor's expression of intent must be liberally construed in favor of the creation of such a trust.
|
|
OH - Equine Liability Act (Ohio)
|
OH ST § 2305.321
|
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.
|
|
OH - Humane Slaughter - Humane Slaughter of Livestock.
|
OH ST § 945.01 - 99
|
These laws comprise Ohio's humane slaughter provisions. After July 1, 1967, no method of slaughtering livestock or handling in connection with the commercial slaughtering of livestock shall be utilized unless it is humane. Humane methods are defined as those that render animals insensible to pain by a single blow or gunshot or an electrical, chemical, or other means that is rapid and effective. Slaughter in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain is also allowed. Violation of the act results in a fine of not more than one hundred dollars.
|
|
OK - Equine Activity Liability Statute
|
OK ST T. 76 § 50.1 - 50.4
|
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.
|
|
OR - Animal Definitions
|
OR ST § 87.142
|
This is Oregon's statutory definitions for Animal Statutes.
|
|
OR - Equine Liability Act (Oregon)
|
OR ST S 30.687
|
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.
|
|
OR - Humane Slaughter - Meat Dealers and Slaughterers, in General
|
OR ST § 603.010 - 992
|
These Oregon laws comprise the state's slaughter laws. Among the provisions is the humane slaughter law, which requires that cattle, equines, sheep, or swine are slaughtered by by any method which renders the animal insensible to pain by a single blow or gunshot or by an electrical, chemical or other means that is rapid and effective; or by a method in accordance with the ritual requirements of any religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain. Violation of ORS 603.065 (the humane slaughter law) is a Class B misdemeanor.
|
|
PA - Cruelty - Consolidated Cruelty Statutes
|
PA ST 18 Pa.C.S.A. § 5511
|
This section constitutes the Pennsylvania anti-cruelty provisions. The section distinguishes between misdemeanor and felony cruelty and the type of animal involved. Misdemeanor cruelty (a fine of $500) occurs when a person kills, maims or disfigures any domestic animal of another person, administers or exposes a domestic animal to poison, or interferes with a guide or service animal. A person commits a felony of the third degree if he or she willfully and maliciously kills, maims or disfigures any zoo animal in captivity or intentionally administers poison to such. Any person convicted of violating the provisions of this paragraph shall be sentenced to pay a fine of not less than $1,000 or to imprisonment for not more than two years, or both, and the court may also order a presentence mental evaluation. A subsequent conviction under this paragraph shall be a felony of the third degree. Also included in these provisions is the Horse Transport Law, which prohibits the transporting of horses stacked on top of each other. Exclusions under the act include the killing of animals found to be destroying domestic animals, the hunting of game animals, the killing of dogs declared nuisances, and pest control.
|
|
PA - Equine - Equine Activity Liability Laws
|
PA ST 4 P.S. § 601 - 606
|
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.
|
|
PA - Humane Slaughter - Slaughter and Processing of Domestic Animals
|
PA ST 3 Pa.C.S.A. § 2361 - 2362
|
These laws comprise Pennsylvania's humane slaughter provisions. The section begins with the enabling statute that grants authority to the relevant state agency. It then declares that humane methods shall be used in the handling of domestic animals for slaughter and in the actual bleeding and slaughter of domestic animals except in the cases of slaughter for ritual purposes or individual (e.g., non-commercial) consumption. The law itself does not proscribe penalties for non-compliance (but such may be listed in departmental regulations).
|
|
RI - Equine Activity Liability Act
|
RI ST § 4-21-1 - 4
|
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.
|
|
RI - Humane Slaughter - Humane Slaughter of Livestock
|
RI ST § 4-17-1 - 7
|
This section comprises Rhode Island's humane slaughter provisions. It begins first by declaring it to be the policy of the state that the slaughter of all livestock and the handling of livestock, in connection with slaughter, be carried out only by humane methods. A "humane method" is defined as a method through which the animal is rendered insensible to pain by mechanical, electrical, chemical or other means that is rapid and effective before being shackled, hoisted, thrown, cast, or cut; or a method in accordance with the ritual requirements of the Jewish faith or any other religious faith through which the animal suffers loss of consciousness by anemia of the brain. Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine of not more than five hundred ($500) dollars, or by imprisonment for not more than one year.
|
|
SC - Equine Activity Liability Statute
|
SC ST § 47-9-710 - 730
|
This South Carolina section provides that an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant resulting from an inherent risk of equine activity. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law. Failure to comply with the requirements concerning warning signs and notices provided in this section prevents an equine activity sponsor or equine professional from invoking the privileges of immunity provided by this article.
|
|
SD - Equine Activity Liability Act
|
SD ST § 42-11-1 - 5
|
This act stipulates that an equine sponsor, equine professional, doctor of veterinary medicine 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.
|
|
TN - Equine Activity Liability Act
|
TN ST § 44-20-101 - 105
|
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. 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. In addition, a person will be held liable for the injury of an e |
