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Virginia
CODE
OF VIRGINIA
TITLE 3.1. AGRICULTURE, HORTICULTURE AND FOOD
CHAPTER 27.5. EQUINE ACTIVITY LIABILITY ACT
Va. Code Ann. § 3.1-796.130 (1994)
§ 3.1-796.130. Definitions
As used in this chapter, unless the context requires a different
meaning:
"Directly engages in an equine activity" means a
person who rides, trains, drives, or is a passenger upon an
equine, whether mounted or unmounted, but does not mean a
spectator at an equine activity or a person who participates
in the equine activity but does not ride, train, drive, or
ride as a passenger upon an equine.
"Equine" means a horse, pony, mule, donkey, or hinny.
"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, steeple chasing, endurance
trail riding and western games, and hunting; (ii) equine training
or teaching activities; (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 prospective purchaser of the equine to ride, inspect, or
evaluate the equine; and (v) rides, trips, hunts, or other
equine activities of any type however informal or impromptu
that are sponsored by an equine activity sponsor.
"Equine activity sponsor" means any person or his
agent who, for profit or not for profit 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 and programs,
therapeutic riding programs, and operators, instructors, and
promoters of equine facilities, including but not limited
to stables, clubhouses, ponyride strings, fairs, and arenas
at which the activity is held.
"Equine professional" means a person or his agent
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 an equine or (ii) renting
equipment or tack to a participant.
"Participant" means any person, whether amateur
or professional, who directly engages in an equine activity,
whether or not a fee is paid to participate in the equine
activity.
§ 3.1-796.131. Horse racing excluded
The provisions of this chapter shall not apply to horse racing,
as that term is defined by § 59.1-365.
§ 3.1-796.132. Liability limited; liability actions prohibited
A. Except as provided in § 3.1-796.133, an equine activity
sponsor or an equine professional shall not be liable for
an injury to or death of a participant engaged in an equine
activity.
B. Except as provided in § 3.1-796.133, no participant
or parent or guardian of a participant who has knowingly executed
a waiver of his rights to sue or agrees to assume all risks
specifically enumerated under this subsection may maintain
an action against or recover from an equine activity sponsor
or an equine professional for an injury to or the death of
a participant engaged in an equine activity. The waiver shall
give notice to the participant of the risks inherent in equine
activities, including (i) the propensity of an equine to behave
in dangerous ways which may result in injury to the participant;
(ii) the inability to predict an equine's reaction to sound,
movements, objects, persons, or animals; and (iii) hazards
of surface or subsurface conditions. The waiver shall remain
valid unless expressly revoked by the participant or parent
or guardian of a minor. In the case of school and college
sponsored classes and programs, waivers executed by a participant
or parent or guardian of a participant shall apply to all
equine activities in which the participant is involved in
the next succeeding twelve month period unless earlier expressly
revoked in writing.
§ 3.1-796.133. Liability of equine activity sponsors,
equine professionals
No provision of this chapter shall prevent or limit the liability
of an equine activity sponsor or equine professional who:
1. Intentionally injures the participant;
2. Commits an act or omission that constitutes negligence
for the safety of the participant and such act or omission
caused the injury, unless such participant, parent or guardian
has expressly assumed the risk causing the injury in accordance
with subsection B of § 3.1-796.132; or
3. Knowingly provides faulty equipment or tack and such equipment
or tack causes the injury or death of the participant.
HISTORY: 1991, c. 358.
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