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Florida
The 2001 Florida Statutes
Title XLV
Torts
Chapter 773
Equine Activities
View Entire Chapter
CHAPTER 773
EQUINE ACTIVITIES
773.01 Definitions.
773.02 General provisions.
773.03 Limitation on liability for equine activity; exceptions.
773.04 Posting and notification.
773.05 Limitation on liability of persons making land available
to public for recreational purposes.
773.01 Definitions.--As used in ss. 773.01-773.05:
(1) "Engages in an equine activity" means riding,
training, assisting in veterinary treatment of, driving,
or being a passenger upon an equine, whether mounted or
unmounted, visiting or touring or utilizing an equine facility
as part of an organized event or activity, or any person
assisting a participant or show management. The term "engages
in an equine activity" does not include being a spectator
at an equine activity, except in cases where a spectator
places himself or herself in an unauthorized area.
(2) "Equine" means a horse, pony, mule, or donkey.
(3) "Equine activity" means:
(a) Equine shows, fairs, competitions, performances, or parades
that involve any or all breeds of equines and any of the
equine disciplines including, but not limited to, dressage,
hunter and jumper horse shows, grand prix jumping, three-day
events, combined training, rodeos, riding, driving, pulling,
cutting, polo, steeplechasing, English and western performance
riding, endurance trail riding, gymkhana games, and hunting.
(b) Equine training or teaching activities or both.
(c) Boarding, including normal daily care of an equine.
(d) Riding, inspecting, or evaluating an equine belonging to
another by a purchaser or an agent, whether or not the owner
has received monetary consideration or other thing of value
for the use of the equine or is permitting a prospective
purchaser to ride, inspect, or evaluate it.
(e)
Rides, trips, hunts, or other equine activities of any type,
no matter how informal or impromptu, that are sponsored
by an equine activity sponsor.
(f) Placing or replacing horseshoes or hoof trimming on an equine.
(g) Providing or assisting in veterinary treatment.
(4) "Equine activity sponsor" means an individual,
group, club, partnership, or corporation, whether or not
the sponsor is operating for profit or nonprofit, which
sponsors, organizes, or provides the facilities for an equine
activity, including, but not limited to: pony clubs, 4-H
clubs, hunt clubs, riding clubs, school and college-sponsored
classes, programs, and activities, therapeutic riding programs,
stable and farm owners and operators, instructors, and promoters
of equine facilities, including, but not limited to, farms,
stables, clubhouses, pony ride strings, fairs, and arenas
at which the activity is held.
(5) "Equine professional" means a person engaged for compensation:
(a) In instructing a participant or renting to a participant
an equine for the purpose of riding, driving, or being a
passenger upon the equine;
(b) In renting equipment or tack to a participant;
(c) To provide daily care of horses boarded at an equine facility; or
(d) To train an equine.
(6) "Inherent risks of equine activities" means those
dangers or conditions which are an integral part of equine
activities, including, but not limited to:
(a)
The propensity of equines to behave in ways that may result
in injury, harm, or death to persons on or around them.
(b)
The unpredictability of an equine's reaction to such things
as sounds, sudden movement, and unfamiliar objects, persons,
or other animals.
(c) Certain hazards such as surface and subsurface conditions.
(d) Collisions with other equines or objects.
(e) The potential of a participant to act in a negligent manner
that may contribute to injury to the participant or others,
such as failing to maintain control over the animal or not
acting within his or her ability.
(7) "Participant" means any person, whether amateur
or professional, who engages in or any equine that participates
in an equine activity, whether or not a fee is paid to participate
in the equine activity.
History.--s. 88, ch. 93-169; s. 1182, ch. 97-102; s. 29, ch. 2000-354.
773.02 General provisions.--Except as provided in s. 773.03, an
equine activity sponsor, an equine professional, or any
other person, which shall include a corporation or partnership,
shall not be liable for an injury to or the death of a participant
resulting from the inherent risks of equine activities and,
except as provided in s. 773.03, no participant nor any
participant's representative shall have any claim against
or recover from any equine activity sponsor, equine professional,
or any other person for injury, loss, damage, or death of
the participant resulting from any of the inherent risks
of equine activities.
History.--s. 89, ch. 93-169; s. 93, ch. 99-3.
773.03
Limitation on liability for equine activity; exceptions.--
(1) This section applies to the horseracing industry as defined
in chapter 550.
(2) Nothing in s. 773.02 shall prevent or limit the liability
of an equine activity sponsor, an equine professional, or
any other person 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 it was
so faulty as to be totally or partially responsible for
the injury;
(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, or to determine the ability
of the participant to safely manage the particular equine
based on the participant's representation of his or her
ability;
(c) Owns, leases, rents, has authorized use of, or is otherwise
in lawful possession and control of the land or facilities
upon which the participant was injured, and the injury was
due totally or in part, to a dangerous latent condition
which was known to the equine activity sponsor, equine professional,
or person and failed to post warning signs;
(d) Commits an act or omission that a reasonably prudent person
would not have done or omitted under the same or similar
circumstances or that constitutes willful or wanton disregard
for the safety of the participant, which act or omission
was a proximate cause of the injury; or
(e) Intentionally injures the participant.
History.--s. 90, ch. 93-169; s. 1183, ch. 97-102; s. 30, ch. 2000-354.
773.04 Posting and notification.--
(1) Every equine activity sponsor and equine professional shall:
(a) Post and maintain one or more signs which contain the warning
notice specified in subsection (2). These signs shall be
placed in a clearly visible location near to where the equine
activity begins. The warning notice specified in subsection
(2) shall appear on the sign in black letters, with each
letter to be a minimum of 1 inch in height, with sufficient
color contrast to be clearly distinguishable.
(b) Give the participant a written document which the participant
shall sign with the warning notice specified in subsection
(2) clearly printed on it. Said written document may be
used in lieu of posting the warning on the site of the equine
activity sponsor's or equine professional's facility, and
shall be given to any participant in an equine event not
on the location of the equine activity sponsor's or equine
professional's facility.
(2) The signs and document described in subsection (1) shall
contain the following warning notice:
WARNING
Under Florida law, an equine activity sponsor or equine
professional is not liable for an injury to, or the death
of, a participant in equine activities resulting from the
inherent risks of equine activities.
History.--s. 91, ch. 93-169.
773.05 Limitation on liability of persons making land available
to public for recreational purposes.--Nothing in ss. 773.01-773.05
shall be construed to limit in any way the limitation of
liability granted to private citizens who allow the public
to use their land for recreational purposes, as provided
in s. 375.251.
History.--s. 92, ch. 93-169; s. 94, ch. 99-3.
Disclaimer: The information on this system is unverified.
The journals or printed bills of the respective chambers
should be consulted for official purposes. Copyright ©
2000-2001 State of Florida. Contact
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