Equine Issues

Displaying 111 - 120 of 273
Titlesort descending Summary
IA - Equine Activity Liability Statute - Chapter 673. Domesticated Animal Activities. 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 - Racing - 99D.1 to 99D.28. Pari-Mutuel Wagering This act legalizes and only applies to pari-mutuel wagering on dog and horse races in the state of Iowa. The act creates a state racing and gaming commission which has full jurisdiction to investigate applicants, adopt standards, and regulate all horse and dog races governed by the act. Organizations that wish to conduct horse and dog racing must apply to the commission for a license and meet the requirements. Tracks that are licensed to race dogs are required to maintain a racing dog adoption program.
ID - Equine Activity Liability - CHAPTER 18. EQUINE ACTIVITIES IMMUNITY ACT. 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 - Cruelty - Horse Mutilation Act This act text prevents the docking of horses' tails. Violation results in a Class A misdemeanor.
IL - Equine Liability Act - Equine Activity Liability Act 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.
IL - Horse Meat Act - Chapter 225. Professions and Occupations. This Act prohibits the slaughter of horses for human consumption as well as importing, exporting, selling, giving, or even possessing horse meat if a person knows or should know that it will be used for human consumption. Violation of this section of the Act is a Class C misdemeanor. The Act does contain several exceptions. Notably, it does not apply to any commonly accepted noncommercial, recreational, or sporting activities.
IN - Equine Activity Statute - Chapter 5. Equine Activities 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 - Farriers - PREVENTION OF CRUELTY TO ANIMALS (LICENSING OF FARRIERS) RULES, 1965 The Rules, drafted under Section 38(2) of the Prevention of Cruelty to Animals Act, 1960, regulate farriers (persons who attach shoes to hooves of animals). It is mandatory for farriers to obtain a license.
In Defense of Animals v. Salazar
In this case, the Plaintiffs, In Defense of Animals, Craig C. Downer, and Terri Farley, attempted to obtain a preliminary injunction that would stop the defendants, Secretary of the Interior Ken Salazar and representatives of the Interior Department's Bureau of Land Management (“the Bureau”), from implementing a plan to capture or gather approximately 2,700 wild horses located in western Nevada (“gather plan”).

 

The plaintiffs contended that the gather plan had to be set aside pursuant to the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq., because the Bureau did not have the statutory authority to carry out the gather plan, and because the plan did not comply with the terms of the Wild Free-Roaming Horses and Burros Act (“Wild Horse Act”), 16 U.S.C. §§ 1331 et seq.

 

The Court denied the Plaintiffs request for an injunction.

 

In Defense of Animals v. U.S. Dept. of Interior


Plaintiff animal non-profits filed a Motion for a Temporary Restraining Order and/or Preliminary Injunction to stop the government from rounding up, destroying, and auctioning off wild horses and burros in the Twin Peaks Herd Management Area. Plaintiffs alleged that the government's actions violated the Wild Free–Roaming Horses and Burros Act and the National Environmental Policy Act. However, the initial phase of the plan sought to be enjoined (the roundup) had taken place. The court held that the interlocutory appeal from the denial of a preliminary injunction was moot because the roundup had already taken place.

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