Equine Liability

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Titlesort descending Summary
MT - Equine Activity Liability - Chapter 1. Availability of Remedies--Liability. The Montana equine activity liability act provides that it is the policy of the state of Montana that a person is not liable for damages sustained by another solely as a result of risks inherent in equine activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in 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 willful or wanton disregard for the safety of the participant or intentionally injures the participant.
Murrell v. Hooter


A champion jumping horse was struck and killed by a van after escaping through an open gate.  The horse owner sued the property owners for negligence and the trial court granted defendants' summary judgment.  The Court of Appeals reversed the decision holding the defendants were not entitled to immunity under the Equine Immunity Statute.
NC - Equine Activity Liability - Article 1. Equine Activity Liability This act stipulates that an equine sponsor or equine professional, or any other person, including corporations and partnerships, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. New provisions added in 2013 now also protect a farm animal activity sponsor, a farm animal professional, or any other person engaged in a farm animal activity, including a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of farm animal activities. However, there are exceptions to this rule: a person, corporation, or partnership 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.
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.
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.
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.
Nigro v. New York Racing Ass'n, Inc.


An experienced exercise rider sued the owner of a race track seeking damages for personal injury after the horse she was riding fell on her while crossing a gravel-strewn asphalt road. The Supreme Court held that the rider assumed the risk that the horse might fall by choosing to cross the road despite being aware of the danger. The doctrine of “primary assumption of the risk” applied, and the owner of the premises was not at fault.
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).
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.
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.

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