Equine Liability
Title | Summary |
---|---|
MA - Equine Activity Liability Statute - Chapter 128. Agriculture. | 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. |
Loman v. Freeman | This case concerns surgical procedures performed on a racehorse that rendered the horse unfit for future racing. The horse's owners brought this action against the veterinarians who performed the surgical procedure, alleging negligence and conversion. The circuit court dismissed and the court of appeals reversed the decision of the lower court. At the state supreme court, the court affirmed the judgment of the appellate court. The court found that defendant was permanently deprived of the use of the horse due to its lameness from the surgery, which sustained the claim of conversion. |
List of Equine Activity Liability State Cases |
|
List of Equine Activity Liability (EALA) Statutes |
|
Lessman v. Rhodes |
|
LA - Equine Activity Liability - § 2795.1. Limitation of liability of farm animal activity | 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. |
KY - Equine Activity Liability Statute - Chapter 247. Promotion of Agriculture and Horticulture. Farm Animal Activities. | 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. |
Kush v. Wentworth |
|
KS - Equine Activity Liability - Article 40. Assumption of Risk of Domestic Animal Activity. | 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. |
Kovnat v. Xanterra Parks and Resorts |
In this case, Corrine Kovnat filed suit against Xanterra Parks and Resorts (Xanterra) alleging that it was negligent in connection with the injuries she sustained while horseback riding in Yellowstone National Park. Kovnat argued that Xanterra was negligent because the cinch on the saddle was too loose and her stirrups were uneven. The district court reviewed the issue and granted summary judgment in favor of defendant, Xanterra. The court held that under Wyoming’s Recreational Safety Act, Xanterra owed no duty of care to protect Kovnat from the injuries she sustained. Kovnat appealed the district court’s ruling and the court of appeals affirmed in part and denied in part the district court’s ruling. Ultimately, the court of appeals found that summary judgment was only proper for Kovnat’s claim regarding the loose cinch but was not proper for the issue of the uneven stirrups. The court of appeals came to this conclusion after examining the Recreational Safety Act and finding that Xanterra cannot be held liable for any risks that are “inherent to the sport of horseback riding.” The court determined that the loose cinch was a reasonable risk that was inherent to the sport of horseback riding while the uneven stirrups were not. For this reason, the court of appeals remanded the case for further proceedings with regard to the issue of the uneven stirrups. |