Hauling Release and Waiver - Horse Equine Forms
Mississippi Equine
Activity Statutes
§ 95-11-1
Legislative findings and intent
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 chapter 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.
§ 95-11-3
Definitions.
As used in this chapter, 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.
§ 95-11-5
Extent of immunity from liability.
(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.
§ 95-11-7
Posting of warnings.
(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
chapter.
(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 chapter.
