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Idaho
Idaho (Addition to Statute 6-1801)
6-1802 Limitation of liability on equine activities.
(1) Except as provided in subsections (2) and (3) of this
section, an equine activity sponsor or an equine professional
shall not be liable for any injury to or the death of a
participant or equine engaged in an equine activity and,
except as provided in subsections (2) and (3) of this section,
no participant nor participant's representative may maintain
an action against or recover from an equine activity sponsor
or an equine professional for an injury to or the death
of a participant or equine engaged in an equine activity.
(2) The provisions of this chapter do not apply to the horse
or mule racing industry as regulated in chapter 25, title
54, Idaho Code.
(3) Nothing in subsection (1) of this section shall prevent
or limit the liability of an equine activity sponsor or
an equine professional:
(a) If the equine activity sponsor or the equine professional:
(i) Provided the equipment or tack and the equipment or
tack caused the injury; or
(ii) 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, determine the ability
of the equine to behave safely with the participant, and
to determine the ability of the participant to safely manage
the particular equine;
(iii) Owns, leases, rents or otherwise is in lawful possession
and control of the land or facilities upon which the participant
or equine sustained injuries because of a dangerous latent
condition which was known to or should have been known to
the equine activity sponsor or the equine professional and
for which warning signs have not been conspicuously posted;
(iv) Commits an act or omission that constitutes willful
or wanton disregard for the safety of the participant or
equine and that act or omission caused the injury;
(v) Intentionally injures the participant or equine;
(b) Under liability provisions as set forth in the products
liability laws; or
(c) Under the liability provisions set forth in chapter
9, title 6, Idaho Code.
S.L. 1990, ch. 40, § 1; S.L. 1998, ch. 296, §
1.
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