|
|
Back
to State Equine Activity Statutes Main Page
If
your printer is cutting off information, switch your paper
orientation to "landscape".
Mississippi
MISSISSIPPI ADVANCE LEGISLATIVE SERVICE
1994 REGULAR SESSION
CHAPTER NO. 443
1994 Miss. LAS 443; 1994 Miss. Laws 443; 1994 Miss. H.B. 96
SYNOPSIS: AN ACT TO PROVIDE CERTAIN IMMUNITY FOR EQUINE ACTIVITIES
AND FOR THE PERSONS ENGAGED IN EQUINE ACTIVITIES; TO DEFINE
CERTAIN TERMS; TO SPECIFY THE EXTENT OF IMMUNITY PROVIDED
UNDER THIS ACT; TO SPECIFY ACTIVITIES WHICH ARE NOT IMMUNE;
TO REQUIRE THE POSTING OF WARNINGS RELATING TO EQUINE ACTIVITY
IMMUNITY; TO AMEND SECTION 95-9-1, MISSISSIPPI CODE OF 1972,
IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED
PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature recognizes that persons who participate
in equine activities may incur injuries as a result of the
risks involved in such activities. The Legislature also finds
that the state and its citizens derive numerous economic and
personal benefits from such activities. The Legislature finds,
determines and declares that this act is necessary for the
immediate preservation of the public peace, health and safety.
It is, therefore, the intent of the Legislature to encourage
equine activities by limiting the civil liability of those
involved in such activities.
SECTION 2. As used in this act, the following words and phrases
shall have the meanings ascribed herein unless the context
clearly indicates otherwise:
(a) "Engages in an equine activity" means riding,
training, providing or assisting in providing medical treatment
of, driving, or being a passenger upon an equine, whether
mounted or unmounted, or any person assisting a participant
or show management. The term "engages in equine activity"
does not include being a spectator at an equine activity,
except in cases where the spectator places himself in an unauthorized
area and in immediate proximity to the equine activity.
(b) "Equine" means a horse, pony, mule, donkey or
hinny.
(c) "Equine activity" means:
(i) 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, western games and hunting.
(ii) Equine training or teaching activities, or both.
(iii) Boarding equines.
(iv) 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 perspective purchaser of the equine to
ride, inspect or evaluate the equine.
(v) Rides, trips, hunts, or other equine activities of any
type however informal or impromptu that are sponsored by an
equine activity sponsor.
(vi) Placing or replacing horseshoes on an equine.
(vii) Examining or administering medical treatment to an equine
by a veterinarian.
(d) "Equine 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 an equine activity,
including, but not limited to, pony clubs, 4-H clubs, hunt
clubs, riding clubs, school and college sponsored classes,
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.
(e) "Equine professional" means a person engaged
for compensation in:
(i) Instructing a participant or renting to a participant,
an equine for the purpose of riding, driving or being a passenger
upon the equine.
(ii) Renting equipment or tack to a participant.
(iii) Examining or administering medical treatment to an equine
as a veterinarian.
(f) "Inherent risks of equine activities" means
those dangers or conditions which are an integral part of
equine activities, including, but not limited to:
(i) The propensity of an equine to behave in ways that may
result in injury, harm or death to persons on or around them.
(ii) The unpredictability of an equine's reaction to such
things as sounds, sudden movement and unfamiliar objects,
persons or other animals.
(iii) Certain hazards such as surface and subsurface conditions.
(iv) Collisions with other equines or objects.
(v) 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 or her ability.
(g) "Participant" means 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.
SECTION 3. (1) Except as provided in subsection (2) of this
section, an equine activity sponsor, an equine professional,
or any other person, which shall include a corporation or
partnership, 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 (2) of this
section, a participant's representative shall not make any
claim against, or recover from an equine professional, or
any other person for injury, loss, damage or death of the
participant resulting from any of the inherent risks of equine
activities.
(2) Nothing in subsection (1) of this section shall 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:
(a) (i) 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.
(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 and to safely manage
the particular equine based on the participant's representations
of his ability.
(b) 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 or should have been known to the equine activity
sponsor, equine professional or person, and for which warning
signs have not been conspicuously posted.
(c) 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.
(d) Intentionally injures the participant.
(3) Nothing in subsection (1) of this section shall prevent
or limit the liability of an equine activity sponsor or an
equine professional under liability provisions as set forth
in products liability laws.
SECTION 4. (1) Every equine activity sponsor and every equine
professional shall post and maintain signs which contain the
warning notice specified in subsection (2) of this section.
Such signs shall be placed in a clearly visible location on
or near stables, corrals or arenas where the equine activity
sponsor or the equine professional conducts equine activities.
The warning notice specified in subsection (2) of this section
shall appear on the sign in black letters, with each letter
to be a minimum of one (1) inch in height. Every written contract
entered into by an equine professional or by an equine activity
sponsor for the providing of professional services, instruction
or the rental of equipment or tack, or an equine participant,
whether or not the contract involves equine activities on
or off the location or site of the equine activity sponsor's
or the equine professional's business, shall contain in clearly
readable print the warning notice specified in subsection
(2) of this section.
(2) The signs and contracts described in subsection (1) of
this section shall contain the following warning notice:
WARNING:
Under Mississippi law, an equine activity or equine sponsor
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 this act.
(3) Failure to comply with the requirements concerning warning
signs and notices provided in this section shall prevent an
equine activity sponsor or equine professional from invoking
the privileges of immunity provided by this act.
SECTION 6. This act shall take effect and be in force from
and after July 1, 1994.
Approved MARCH 21, 1994
Back
to State Equine Activity Statutes Main Page
If
your printer is cutting off information, switch your paper
orientation to "landscape".
|
|
|
