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Minnesota
Minnesota Statutes 2001, Table of Chapters
Table
of Contents for Chapter 604A
604A.12
Livestock activities; immunity from liability.
Subdivision
1. Definitions. (a) For purposes of this section, the following
terms have the meanings given them.
(b)
"Inherent risks of livestock activities" means
dangers or conditions that are an integral part of livestock
activities, including:
(1)
the propensity of livestock to behave in ways that may result
in death or injury to persons on or around them, such as
kicking, biting, or bucking;
(2)
the unpredictability of livestock's reaction to things like
sound, sudden movement, unfamiliar objects, persons, or
other animals;
(3)
natural hazards such as surface or subsurface conditions;
or
(4)
collisions with other livestock or objects.
(c)
"Livestock" means cattle, sheep, swine, horses,
ponies, donkeys, mules, hinnies, goats, buffalo, llamas,
or poultry.
(d)
"Livestock activity" means an activity involving
the maintenance or use of livestock, regardless of whether
the activity is open to the general public, provided the
activity is not performed for profit. Livestock activity
includes:
(1)
livestock production;
(2)
loading, unloading, or transporting livestock;
(3)
livestock shows, fairs, competitions, performances, races,
rodeos, or parades;
(4)
livestock training or teaching activities;
(5)
boarding, shoeing, or grooming livestock; or
(6)
riding or inspecting livestock or livestock equipment.
(e)
"Livestock activity sponsor" means a person who
sponsors, organizes, or provides the facilities for a livestock
activity that is open to the general public.
(f)
"Participant" means a person who directly and
intentionally engages in a livestock activity. Participant
does not include a spectator who is in an authorized area.
Subd.
2. Immunity from liability. Except as provided in subdivision
3, a nonprofit corporation, association, or organization,
or a person or other entity donating services, livestock,
facilities, or equipment for the use of a nonprofit corporation,
association, or organization, is not liable for the death
of or an injury to a participant resulting from the inherent
risks of livestock activities.
Subd.
3. Exceptions. Subdivision 2 does not apply if any of the
following exist:
(1)
the person provided livestock for the participant and failed
to make reasonable efforts to determine the ability of the
participant to safely engage in the livestock activity or
to determine the ability of the participant to safely manage
the particular livestock based on the participant's representations
of the participant's ability;
(2)
the person provided equipment or tack for the livestock
and knew or should have known that it was faulty to the
extent that it caused the injury or death;
(3)
the person owns or leases the land upon which a participant
was injured or died because of a human-made dangerous latent
condition and failed to use reasonable care to protect the
participant;
(4)
the person is a livestock activity sponsor and fails to
comply with the notice requirement of subdivision 4; or
(5)
the act or omission of the person was willful or negligent.
Subd.
4. Posting notice. A livestock activity sponsor shall post
plainly visible signs at one or more prominent locations
in the premises where the livestock activity takes place
that include a warning of the inherent risks of livestock
activity and the limitation of liability under this section.
HIST:
1994 c 623 art 3 s 3
Copyright
2001 by the Office of Revisor of Statutes, State of Minnesota.
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