Equine Liability
Displaying 31 - 40 of 103
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| OK - Equine Activity Liability - Title 76. Torts. Livestock Activities Liability Limitation Act. | 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. |
| OH - Equine Liability Act - Chapter 2305. Jurisdiction; Limitation of Actions. Miscellaneous Provisions. | 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. |
| NY - Equine Activity - Article18-B. Safety in Agricultural Tourism | This 2017 New York set of laws is known as the “safety in agricultural tourism act." The activities defined as agricultural tourism are broad, and include equine therapy, u-pick Christmas trees, touring farms, and hunting on farms. The act requires that operators of agricultural tourism areas post at every point of sale or distribution of tickets a conspicuous “Warning to Visitors” relative to the inherent risks of participating in activities on working farms and to provide written information based on requirements from the commissioner of agriculture. Owners and operators of agricultural tourism areas shall not be liable for an injury to or death of a visitor if the provisions of this subdivision are complied with |
| NV - Equine Activity - Limitations on liability; duties of a participant in an equine activity; exceptions; definitions | This Nevada statute limits the liability of equine sponsors and professionals, veterinarians, or any other person, for an injury to or death of a participant as a result of an inherent risk of equine activity. The statute also provides the duties that equine activity participants must complete. Finally, the statute provides the exceptions for when a person is not immune from civil liability under the statute and the definition of terms used within the statute. |
| NM - Equine Activity Liability - Article 13. Equine Liability | 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. |
| NJ - Equine Activity Liability - Chapter 15. Equestrian Activities. | 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). |
| Nigro v. New York Racing Ass'n, Inc. |
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| NH - Equine Activity Liability - Chapter 508. Limitation of Actions. | 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. |
| NE - Equine Activity Liability - Article 21. Actions and Proceedings in Particular Cases. (EE) Equine Activities | 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. |
| ND - Equine Activity - Chapter 53-10. Equine Activity Sponsor or Professional. | 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. |