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Kansas
60-4001
Chapter
60.--PROCEDURE, CIVIL
Article 40.--ASSUMPTION OF RISK OFDOMESTIC ANIMAL ACTIVITY
60-4001. Definitions. As used in this act:
(a) "Engages in a domestic animal activity" means
riding, training, boarding, loading, hauling, breeding,
racing, providing or assisting in medical treatment of,
driving, or being a passenger upon a domestic animal or
in or on a vehicle pulled or pushed by a domestic animal,
whether mounted or unmounted or any person assisting a participant
or show management. The term "engages in an activity
involving domestic animals" does not include being
a spectator at an activity involving domestic animals, except
in cases where the spectator places the spectator's self
in an unauthorized area and in immediate proximity to the
activity involving domestic animals.
(b) "Domestic animal" means a cow, swine, sheep,
goat, domesticated deer, llama, poultry, rabbit, horse,
pony, mule, jenny, donkey or hinny.
(c) "Domestic animal activity" means, but is not
limited to:
(1) Shows, fairs, competitions, performances or parades
that involve any or all breeds of domestic animals 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, steeple chasing, English and western performance
riding, trail riding, endurance trail riding and western
games, and hunting;
(2) domestic animal training or teaching activities or both;
(3) boarding domestic animals;
(4) riding, inspecting or evaluating domestic animals belonging
to another, whether or not the owner has received some monetary
consideration or other thing of value for the use of the
domestic animals or is permitting a prospective purchaser
of the domestic animals to ride, inspect or evaluate the
domestic animals;
(5) rides, trips, hunts or other domestic animal activities
of any type however informal or impromptu that are sponsored
by a domestic animal activity sponsor; and
(6) hoofcare and placing or replacing shoes on a domestic
animal.
(d) "Domestic animal 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,
a domestic animal activity, including but not limited to:
Pony clubs, 4-H clubs, hunt clubs, riding clubs, trail rides,
racetrack, school and college-sponsored classes, programs
and activities, therapeutic riding programs, breeding farms,
training farms and operators, instructors, and promoters
of domestic animal facilities, including, but not limited
to, stables, clubhouses, pony ride strings, fairs and arenas
at which the activity is held.
(e) "Domestic animal professional" means an individual,
partnership or corporation and such individual or entities'
employees engaged in a domestic animal activity for compensation:
(1) In instructing a participant or renting to a participant
a domestic animal for the purpose of riding, driving or
being a passenger upon the domestic animal, or a passenger
in or on a vehicle pulled or pushed by a domestic animal;
or
(2) in renting equipment or tack to a participant.
(f) "Inherent risks of domestic animal activities"
means those dangers or conditions which are an integral
part of domestic animal activities, including, but not limited
to:
(1) The propensity of a domestic animal to run, buck, bite,
shy, stumble, rear, fall, step on or behave in ways that
may result in injury, harm or death to persons on or around
them;
(2) the unpredictability of a domestic animal's reaction
to such things as sounds, sudden movement and unfamiliar
objects, persons or other animals;
(3) certain hazards such as surface and subsurface conditions;
(4) collisions with other domestic animals or objects; and
(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 such participant's ability.
(g) "Participant" means any person who engages
in a domestic animal activity.
History: L. 1994, ch. 290, § 1; July 1.
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