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Hawaii
Hawaii (Addition to Statute 663B-1)
§ 663B-2. Equine activities; rebuttable presumption.
(a) In any civil action for
injury, loss, damage, or death of a participant, there shall
be a presumption that the injury, loss, damage, or death was
not caused by the negligence of an equine activity sponsor,
equine professional, or their employees or agents, if the
injury, loss, damage, or death was caused solely by the inherent
risk and unpredictable nature of the equine. An injured person
or their legal representative may rebut the presumption of
no negligence by a preponderance of the evidence.
(b) Nothing in this section shall prevent or limit the liability
of an equine activity sponsor, an equine professional, or
their employees or agents if the equine activity sponsor,
equine professional, or person:
(1) Provided the equipment or tack, and knew or should have
known that the equipment or tack was faulty, and the equipment
or tack was a proximate cause of the injury;
(2) 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 determine the
ability of the participant to engage safely in the equine
activity; or determine the ability of the participant to safely
manage the particular equine based on the participant's representations
of the participant's ability; or determine the characteristics
of the particular equine and suitability of the equine to
participate in equine activities with the participant; or
failed to reasonably supervise the equine activities and such
failure is a proximate cause of the injury;
(3) 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
which was known or reasonably should have been known to the
equine activity sponsor, equine professional, or person, or
for which reasonable warning signs have not been conspicuously
posted;
(4) Commits an act or omission that constitutes gross negligence
or wilful or wanton disregard for the safety of the participant,
and that act or omission caused the injury; or
(5) Intentionally injures the participant.
(c) Nothing in subsection (a) shall prevent or limit the liability
of an equine activity sponsor or an equine professional under
liability provisions as set forth in the products liability
laws or in sections
142-63, 142-64, 142-65, 142-66, and 142-68.
Laws 1994, ch. 249, § 1.
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