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Missouri
Missouri Revised Statutes
Chapter 537
Torts and Actions for Damages
Section 537.325
August 28, 2001
Definitions--liability
for equine activities, limitations, exceptions--signs required,
contents.
537.325. 1. As used in this section, unless the context
otherwise requires, the following words and phrases shall
mean:
(1) "Engages in an equine activity", * riding, training,
assisting in medical treatment of, driving or being a passenger
upon an equine, whether mounted or unmounted, or any person
assisting a participant or any person involved in show management.
The term "engages in an equine activity" does
not include being a spectator at an equine activity, except
in cases where the spectator places himself in an unauthorized
area;
(2) "Equine", * a horse, pony, mule, donkey or hinny;
(3) "Equine activity" *:
(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, driving, pulling, cutting,
polo, steeplechasing, English and western performance riding,
endurance trail riding and western games and hunting;
(b) Equine training or teaching activities or both;
(c) Boarding equines;
(d) Riding, inspecting or evaluating an equine belonging to
another, whether or not the owner has received some monetary
consideration or other thing of value for the use of the
equine or is permitting a prospective purchaser of the equine
to ride, inspect or evaluate the equine;
(e) Rides, trips, hunts or other equine activities of any type
however informal or impromptu that are sponsored by an equine
activity sponsor; and
(f) Placing or replacing horseshoes on an equine;
(4) "Equine activity sponsor", * an individual, group,
club, partnership or corporation, whether or not operating
for profit or nonprofit, or any employee thereof, 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
and operators, instructors and promoters of equine facilities,
including but not limited to stables, clubhouses, pony ride
strings, fairs and arenas at which the activity is held;
(5) "Equine professional", * a person engaged for
compensation, or an employee of such a person engaged:
(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; or
(b) In renting equipment or tack to a participant;
(6) "Inherent risks of equine activities", * those
dangers or conditions which are an integral part of equine
activities, including but not limited to:
(a) The propensity of any equine to behave in ways that may
result in injury, harm or death to persons on or around
it**;
(b) The unpredictability of any 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 ability;
(7) "Participant", * any person, whether amateur or
professional, who engages in an equine activity, whether
or not a fee is paid to participate in the equine activity.
2. Except as provided in subsection 4 of this section, an equine
activity sponsor, an equine professional or any other person
or corporation 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 subsection
4 of this section, no participant or a participant's representative
shall make any claim against, maintain an action against,
or recover from an equine activity sponsor, an equine professional,
or any other person from injury, loss, damage or death of
the participant resulting from any of the inherent risks
of equine activities.
3. This section shall not apply to the horse racing industry
as regulated in sections 313.050 to 313.720, RSMo. This
section shall not apply to any employer-employee relationship
governed by the provisions of, and for which liability is
established pursuant to, chapter 287, RSMo.
4. The provisions of subsection 2 of this section shall not
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:
(1) Provided the equipment or tack and knew or should have known
that the equipment or tack was faulty and such equipment
or tack was faulty to the extent that it did cause the injury;
or
(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 and determine the ability
of the participant to safely manage the particular equine
based on the participant's age, obvious physical condition
or the participant's representations of his ability;
(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 to the equine activity sponsor, equine professional
or person and for which warning signs have not been conspicuously
posted;
(4) Commits an act or omission that constitutes willful or wanton
disregard for the safety of the participant and that act
or omission caused the injury;
(5) Intentionally injures the participant;
(6) Fails to use that degree of care that an ordinarily careful
and prudent person would use under the same or similar circumstances.
5. The provisions of subsection 2 of this section shall not
prevent or limit the liability of an equine activity sponsor
or an equine professional under liability provisions as
set forth in any other section of law.
6. Every equine activity sponsor shall post and maintain signs
which contain the warning notice specified in this subsection.
Such signs shall be placed in a clearly visible location
on or near stables, corrals or arenas where the equine professional
conducts equine activities if such stables, corrals or arenas
are owned, managed or controlled by the equine professional.
The warning notice specified in this subsection shall appear
on the sign in black letters on a white background with
each letter to be a minimum of one inch in height. Every
written contract entered into by an equine professional
and equine activity sponsor for the providing of professional
services, instruction or the rental of equipment or tack
or an equine to a participant, whether or not the contract
involves equine activities on or off the location or site
of the equine professional's or equine activity sponsor's
business, shall contain in clearly readable print the warning
notice specified in this subsection. The signs and contracts
described in this subsection shall contain the following
warning notice:
WARNING
Under Missouri law, an 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 pursuant to the Revised Statutes of Missouri.
(L. 1994 S.B. 457)
*Word "means" appears here in original rolls.
**Word "them" appears in original rolls.
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