Full Statute Name:  West's Wyoming Statutes Annotated. Title 1. Code of Civil Procedure. Chapter 1. General Provisions as to Civil Actions

Share |
Primary Citation:  WY ST § 1-1-122 to 123 Country of Origin:  United States Last Checked:  October, 2014 Alternate Citation:  W.S.1977 § 1-1-122 to 123 Date Adopted:  1989
Summary:

The Wyoming equine liability provisions immunize equine professionals by declaring that those who engage in equine activities or any recreational activities assume the inherent risks in the sport or recreational opportunity.  However, actions based upon negligence of the provider wherein the damage, injury or death is not the result of an inherent risk of the sport or recreational opportunity shall be preserved pursuant to W.S. 1-1-109.

Statute Text: 

§ 1-1-122 . Definitions

§ 1-1-123 . Assumption of risk

 

§ 1-1-122 Definitions.

(a) As used in this act:

(i) “Inherent risk” with regard to any sport or recreational opportunity means those dangers or conditions which are characteristic of, intrinsic to, or an integral part of any sport or recreational opportunity;

(ii) “Provider” means any person or governmental entity which for profit or otherwise, offers or conducts a sport or recreational opportunity. This act does not apply to a cause of action based upon the design or manufacture of sport or recreational equipment or products or safety equipment used incidental to or required by the sport or recreational opportunity;

(iii) “Sport or recreational opportunity” means commonly understood sporting activities including baseball, softball, football, soccer, basketball, swimming, hockey, dude ranching, nordic or alpine skiing and other alpine sports, snowboarding, mountain climbing, outdoor education programs, river floating, hunting, fishing, backcountry trips, horseback riding and any other equine activity, snowmobiling and similar recreational opportunities and includes the use of private lands for vehicle parking and land access related to the sport or recreational opportunity;

(iv) “Equine activity” means:

(A) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines;

(B) Any of the equine disciplines;

(C) Equine training or teaching activities, or both;

(D) Boarding equines;

(E) Riding, inspecting or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine;

(F) Rides, trips, hunts or other equine activities of any type however informal or impromptu;

(G) Day use rental riding, riding associated with a dude ranch or riding associated with outfitted pack trips; and

(H) Placing or replacing horseshoes on an equine.

(v) Repealed by Laws 1996, ch. 78, § 2.

(vi) “This act” means W.S. 1-1-121 through 1-1-123.

CREDIT(S)

Laws 1989, ch. 228, § 1; Laws 1993, ch. 162, § 1; Laws 1996, ch. 78, §§ 1, 2, eff. July 1, 1996; Laws 2009, ch. 47, § 1, eff. July 1, 2009; Laws 2011, ch. 91, § 1, eff. March 2, 2011.

 

§ 1-1-123 Assumption of risk.

(a) Any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for any and all damage, injury or death to himself or other persons or property that results from the inherent risks in that sport or recreational opportunity.

(b) A provider of any sport or recreational opportunity is not required to eliminate, alter or control the inherent risks within the particular sport or recreational opportunity.

(c) Actions based upon negligence of the provider wherein the damage, injury or death is not the result of an inherent risk of the sport or recreational opportunity shall be preserved pursuant to W.S. 1-1-109.

(d) The assumption of risk provisions in subsections (a) through (c) of this section apply irrespective of the age of the person assuming the risk.

CREDIT(S)

Laws 1989, ch. 228, § 1; Laws 1996, ch. 78, § 1, eff. July 1, 1996; Laws 2011, ch. 91, § 1, eff. March 2, 2011.

 

 

Share |