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Indiana
BURNS INDIANA STATUTES
ANNOTATED
TITLE 34. CIVIL PROCEDURE
ARTICLE 4. SPECIAL PROCEEDINGS
CHAPTER 44. LIABILITY ARISING FROM EQUINE ACTIVITIES
Burns Ind. Code Ann. s 34-4-44-1 (1995)
s 34-4-44-1. "Equine" defined
As used in this chapter, "equine" means a horse,
pony, mule, donkey, or hinny.
s 34-4-44-2. "Equine activity" defined
(a) As used in this chapter, "equine activity" includes
the following:
(1) Equine shows, fairs, competitions, performances, or parades
that involve equines and any of the equine disciplines, including
dressage, hunter and jumper horse shows, grand prix jumping,
three (3) day events, combined training, rodeos, driving,
pulling, cutting, polo, steeplechasing, English and western
performance riding, endurance trail riding and western games,
and hunting.
(2) Equine training or teaching activities.
(3) Boarding equines.
(4) Riding, driving, inspecting, or evaluating an equine,
whether or not monetary consideration or anything of value
is exchanged.
(5) Rides, trips, hunts, or other equine activities of any
type (even if informal or impromptu) that are sponsored by
an equine activity sponsor.
(6) Placing or replacing horseshoes on an equine.
(b) The term does not include being a spectator at an equine
activity.
s 34-4-44-3. "Equine activity sponsor" defined
As used in this chapter, "equine activity sponsor"
means a person who sponsors, organizes, or provides facilities
for an equine activity.
s 34-4-44-4. "Equine professional" defined
As used in this chapter, "equine professional" means
a person who, for compensation:
(1) Instructs a participant on riding, driving, or being a
passenger upon an equine;
(2) Rents to a participant an equine for the purpose of riding,
driving, or being a passenger upon the equine; or
(3) Rents equipment or tack to a participant.
s 34-4-44-5. "Inherent risks of equine activities"
defined
As used in this chapter, "inherent risks of equine activities"
means the dangers or conditions that are an integral part
of equine activities, including the following:
(1) The propensity of an equine to behave in ways that may
result in injury, harm, or death to persons on or around the
equine.
(2) The unpredictability of an equine's reaction to such things
as sound, sudden movement, unfamiliar objects, people, or
other animals.
(3) Hazards such as surface and subsurface conditions.
(4) Collisions with other equines or objects.
(5) 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 the participant's ability.
s 34-4-44-6. "Participant" defined
As used in this chapter," participant" means a person,
whether an amateur or a professional, who engages in an equine
activity, whether or not a fee is paid to participate in the
equine activity.
s 34-4-44-7. "Person" defined
As used in this chapter, "person" means an individual,
an incorporated or unincorporated organization or association,
or a group of such persons acting in concert.
s 34-4-44-8. Limited liability of equine activity sponsor
or equine professional
(a) Subject to section 9 [IC 34-4-44-9] of this chapter, an
equine activity sponsor or equine professional is not liable
for:
(1) An injury to a participant; or
(2) The death of a participant;
resulting from an inherent risk of equine activities.
(b) Subject to section 9 of this chapter, a participant or
participant's representative may not make a claim against,
maintain an action against, or recover from an equine activity
sponsor or equine professional for injury, loss, damage, or
death of the participant resulting from an inherent risk of
equine activities.
s 34-4-44-9. Exceptions to limited liability
(a) This section does not apply to the horse racing industry.
(b) Section 8 [IC 34-4-44-8] of this chapter does not prevent
or limit the liability of an equine activity sponsor or an
equine professional:
(1) Who:
(A) Provided equipment or tack that was faulty and that caused
the injury; and
(B) Knew or should have known that the equipment or tack was
faulty;
(2) Who provided the equine and failed to make reasonable
and prudent efforts based on the participant's representations
of the participant's ability to:
(A) Determine the ability of the participant to engage safely
in the equine activity; and
(B) Determine the ability of the participant to safely manage
the particular equine;
(3) Who:
(A) Was in lawful possession and control of the land or facilities
on which the participant sustained injuries; and
(B) Knew or should have known of the dangerous latent condition
that caused the injuries;
if warning signs concerning the dangerous latent condition
were not conspicuously posted on the land or in the facilities;
(4) Who committed an act or omission that:
(A) Constitutes reckless disregard for the safety of the participant;
and
(B) Caused the injury; or
(5) Who intentionally injured the participant.
(c) Section 8 of this chapter does not prevent or limit the
liability of an equine activity sponsor or an equine professional
under the product liability laws.
s 34-4-44-10. Warning notice to be posted
(a) This chapter does not apply unless an equine activity
sponsor or an equine professional posts and maintains in at
least one (1) location on the grounds or in the building that
is the site of an equine activity a sign on which is printed
the warning notice set forth in section 12 [IC 34-4-44-12]
of this chapter.
(b) A sign referred to in subsection (a) must be placed in
a clearly visible location in proximity to the equine activity.
(c) The warning notice on a sign referred to in subsection
(a) must be printed in black letters, and each letter must
be at least one (1) inch in height.
s 34-4-44-11. Warning notice to be included in written contracts
(a) If there is a written contract, this chapter does not
apply unless the written contract entered into by an equine
professional for:
(1) The providing of professional services;
(2) The providing of instruction; or
(3) The rental of:
(A) Equipment or tack; or
(B) An equine;
to a participant contains in clearly readable print the warning
notice set forth in section 12 [IC 34-4-44-12] of this chapter.
(b) The warning notice required by subsection (a) must be
included in a written contract described in subsection (a)
whether or not the contract involves equine activities on
or off the location or site of the equine professional's business.
s 34-4-44-12. Warning notice
The warning notice that must be printed on a sign under section
10 [IC 34-4-44-10] of this chapter and included in a written
contract under section 11 [IC 34-4-44-11] of this chapter
is as follows:
WARNING
Under Indiana 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.
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