Full Statute Name:  West's Annotated Indiana Code. Title 34. Civil Procedure. Article 31. Limited Liability. Chapter 5. Limited Liability Arising from Equine Activities. 34-31-5-1 Immunity from civil liability. 34-31-5-2 Exceptions to immunity for certain acts or omissions. 34-31-5-3 Posting and maintenance of warning notice sign. 34-31-5-4 Warning notice required in written contracts. 34-31-5-5 Contents of warning notice.

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Popular Title:  EALA Primary Citation:  I.C. 14-22-35-1 to 5 Country of Origin:  United States Last Checked:  December, 2014 Alternate Citation:  IN ST 34-31-5-1 to 5 Date Adopted:  1998
Summary:

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.

Statute Text: 

 

34-31-5-1 Activity sponsor or professional

34-31-5-2 Exceptions

34-31-5-3 Posting and maintenance of warning notice sign

34-31-5-4 Warning notice required in written contracts

34-31-5-5 Contents of warning notice

 

34-31-5-1 Activity sponsor or professional

Sec. 1. (a) Subject to section 2 of this chapter, an equine activity sponsor or equine professional is not liable for:

(1) an injury to a participant; or

(2) the death of a participant;

resulting from an inherent risk of equine activities.

(b) Subject to section 2 of this chapter, a participant or participant's representative may not:

(1) make a claim against;

(2) maintain an action against; or

(3) recover from;

an equine activity sponsor or equine professional for injury, loss, damage, or death of the participant resulting from an inherent risk of equine activities.

CREDIT(S)

As added by P.L.1-1998, SEC.27.

 

34-31-5-2 Exceptions

Sec. 2. (a) This section does not apply to the horse racing industry.

(b) Section 1 of this chapter does not prevent or limit the liability of an equine activity sponsor or an equine professional:

(1) who:

(A) provided equipment or tack that was faulty and that caused the injury; and

(B) knew or should have known that the equipment or tack was faulty;

(2) who provided the equine and failed to make reasonable and prudent efforts based on the participant's representations of the participant's ability to:

(A) determine the ability of the participant to engage safely in the equine activity; and

(B) determine the ability of the participant to safely manage the particular equine;

(3) who:

(A) was in lawful possession and control of the land or facilities on which the participant sustained injuries; and

(B) knew or should have known of the dangerous latent condition that caused the injuries;

if warning signs concerning the dangerous latent condition were not conspicuously posted on the land or in the facilities;

(4) who committed an act or omission that:

(A) constitutes reckless disregard for the safety of the participant; and

(B) caused the injury; or

(5) who intentionally injured the participant.

(c) Section 1 of this chapter does not prevent or limit the liability of an equine activity sponsor or an equine professional under the product liability laws.

CREDIT(S)

As added by P.L.1-1998, SEC.27.

 

34-31-5-3 Posting and maintenance of warning notice sign

Sec. 3. (a) This chapter does not apply unless an equine activity sponsor or an equine professional posts and maintains in at least one (1) location on the grounds or in the building that is the site of an equine activity a sign on which is printed the warning notice set forth in section 5 of this chapter.

(b) A sign referred to in subsection (a) must be placed in a clearly visible location in proximity to the equine activity.

(c) The warning notice on a sign referred to in subsection (a) must be printed in black letters, and each letter must be at least one (1) inch in height.

CREDIT(S)

As added by P.L.1-1998, SEC.27.

 

34-31-5-4 Warning notice required in written contracts

Sec. 4. (a) If there is a written contract, this chapter does not apply unless the written contract entered into by an equine professional for:

(1) the providing of professional services;

(2) the providing of instruction; or

(3) the rental of:

(A) equipment or tack; or

(B) an equine;

to a participant contains in clearly readable print the warning notice set forth in section 5 of this chapter.

(b) The warning notice required by subsection (a) must be included in a written contract described in subsection (a) whether or not the contract involves equine activities on or off the location or site of the equine professional's business.

CREDIT(S)

As added by P.L.1-1998, SEC.27.

 

34-31-5-5 Contents of warning notice

Sec. 5. The warning notice that must be printed on a sign under section 3 of this chapter and included in a written contract under section 4 of this chapter is as follows:

WARNING

Under Indiana law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities.

CREDIT(S)

As added by P.L.1-1998, SEC.27.

 

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