§4103-A. Liability for equine activities








1. Liability. 
Except as provided in subsection 2, an equine activity sponsor, an equine professional
or any other person engaged in an equine activity is not liable for any property damage
or damages arising from the personal injury or death of a participant or spectator
resulting from the inherent risks of equine activities. Except as provided in subsection
2, a person may not make any claim or recover from any person for any property damage
or damages for personal injury or death resulting from the inherent risks of equine
activities. Each participant and spectator in an equine activity expressly assumes
the risk and legal responsibility for any property damage or damages arising from
personal injury or death that results from the inherent risk of equine activities.
Each participant has the sole responsibility for knowing the range of that person's
ability to manage, care for and control a particular equine or perform a particular
equine activity. It is the duty of each participant to act within the limits of the
participant's own ability, to maintain reasonable control of the particular equine
at all times while participating in an equine activity, to heed all warnings and to
refrain from acting in a manner that may cause or contribute to the injury of any
person or damage to property.


[
1999, c. 498, §5 (NEW)
.]








2. Exceptions; participants. 
Nothing in subsection 1 prevents or limits the liability of an equine activity sponsor,
an equine professional or any other person engaged in an equine activity, if the equine
activity sponsor, equine professional or person:





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; [1999, c. 498, §5 (NEW).]










B. Owns, leases, rents or otherwise is in lawful possession and control of the land
or facilities upon which the participant sustained injuries because of a dangerous
latent condition that was known or should have been known to the equine activity sponsor,
equine professional or person; [1999, c. 498, §5 (NEW).]










C. Commits an act or omission that constitutes reckless disregard for the safety of
others and that act or omission caused the injury. For the purposes of this section,
"reckless" has the same meaning as "recklessly," defined in Title 17-A, section 35,
subsection 3, paragraph A; or [1999, c. 498, §5 (NEW).]










D. Intentionally injures the participant. [1999, c. 498, §5 (NEW).]







[
1999, c. 498, §5 (NEW)
.]








3. Assumption of risk. 
In a personal injury action against an equine professional, a defense or immunity
described in subsection 1 may be asserted only if the person injured in the course
of an equine activity:





A. Had actual knowledge of the inherent risks of equine activities; [1999, c. 498, §5 (NEW).]










B. Had professed to have sufficient knowledge or experience to be on notice of the
inherent risks; or [1999, c. 498, §5 (NEW).]










C. Had been notified of the inherent risks and the limitations of liability. [1999, c. 498, §5 (NEW).]







For the purposes of this subsection, notice of the inherent risks of equine activity
may be satisfied either by a statement signed by the person injured or by a sign or
signs prominently displayed at the place where the equine activity was initiated.
The statement or sign must contain at least the following information.


"WARNING

Under Maine law, an equine professional has limited liability for an injury or death
resulting from the inherent risks of equine activities."


The message on a sign must be in black letters at least one inch in height and the
sign or signs must be placed in a clearly visible location on or near stables, corrals
or arenas where the equine professional conducts equine activities.


[
1999, c. 498, §5 (NEW)
.]








4. Exceptions; persons who are not participants. 
Nothing in subsection 1 prevents or limits the liability of an equine activity sponsor,
an equine professional or any other person engaged in an equine activity, if that
equine activity:





A. Causes injury or death to a person who is not a participant and who is in a place
where a reasonable person would not expect an equine activity to occur; or [1999, c. 498, §5 (NEW).]










B. Causes injury or death to a spectator and that spectator was in a place designated
or intended by an activity sponsor as a place for spectators. [1999, c. 498, §5 (NEW).]







[
1999, c. 498, §5 (NEW)
.]





SECTION HISTORY

1999, c. 498, §5 (NEW).