Advanced Search

§4-21-3  Exceptions. –


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
TITLE 4

Animals and Animal Husbandry

CHAPTER 4-21

Exemption From Liability Arising From Equine Activities

SECTION 4-21-3



   § 4-21-3  Exceptions. –

(a) This chapter does not apply to horse racing meetings to which chapter 3 of

title 41 is applicable.



   (b) Nothing in § 4-21-2 prevents or limits the liability

of an equine activity sponsor, an equine professional, or any other person if

the equine activity sponsor, equine professional, or person:



   (1)(A) Provided the equipment or tack, and knew or should

have known that the equipment or tack was faulty, and the equipment or tack was

faulty to the extent that it did cause the injury; or



   (B) Provided the equine and failed to make reasonable and

prudent efforts to determine the ability of the participant to engage safely in

the equine activity, and determine the ability of the participant to safely

manage the particular equine based on the participant's representations of his

or her ability;



   (2) Owns, leases, rents, has authorized use of, or is

otherwise in lawful possession and control of the land, or facilities upon

which the participant sustained injuries because of a dangerous condition which

was known or should have been known to the equine activity sponsor, equine

professional, or person;



   (3) Commits an act of omission that constitutes willful or

wanton disregard for the safety of the participant, and that act of omission

caused the injury; or



   (4) Intentionally injures the participant.



History of Section.

(P.L. 1993, ch. 357, § 1.)