Release of Liability Parent Minor - Horse Equine Forms
Montana Equine Activity
Statutes
27-1-725
Purpose.
The purpose of 27-1-725
through 27-1-727
is to assist courts and juries in defining the circumstances under which
persons responsible for equines may be found liable for damages to persons
harmed in the course of equine activities. It is the policy of the state
of Montana that a person is not liable for damages sustained by another
solely as a result of risks inherent in equine activities if those risks
are or should be reasonably obvious, expected, or necessary to persons
engaged in equine activities. It is the policy of the state of Montana
that an equine activity sponsor or equine professional who is negligent
and causes foreseeable injury to a participant bears responsibility for
that injury in accordance with other applicable law.
27-1-726
Definitions. As used in 27-1-725
through 27-1-727,
the following definitions apply:
(1) "Engage in an equine activity" means
to ride, train, drive, or be a passenger upon an equine, whether mounted
or unmounted, or to assist a participant, equine activity sponsor, or equine
professional. The phrase does not mean activity by a spectator at an equine
activity, unless the spectator is improperly in an unauthorized area in
immediate proximity to an equine activity.
(2) "Equine" means a horse, pony, mule,
donkey, or hinny.
(3) "Equine activity" means:
(a) equine shows, fairs, competitions,
performances, or parades that involve any breed of equines and any of the
equine disciplines, including but not limited to dressage, hunter and jumper
horse shows, grand prix jumping, 3-day events, combined training, rodeos,
driving, pulling, cutting, polo, steeplechasing, endurance trail riding
and western games, and hunting;
(b) equine training or teaching activities;
(c) boarding equines;
(d) riding, inspecting, grooming, or
evaluating an equine belonging to another, whether or not the owner has
received monetary consideration or another thing of value for the use of
the equine or permits a prospective purchaser of the equine to ride, inspect,
groom, or evaluate the equine;
(e) rides, trips, hunts, pack trips,
or other equine activities of any type, however informal, that are sponsored
by an equine activity sponsor; and
(f) providing veterinarian or farrier
services.
(4) "Equine activity sponsor" means an
individual, group, club, partnership, corporation, or other entity, whether
operating for profit or nonprofit, that sponsors, organizes, or provides
the facilities for an equine activity. The phrase includes but is not limited
to pony clubs; 4-H clubs; hunt clubs; riding clubs; riding classes and
programs; therapeutic riding programs; operators, instructors, and promoters
of equine facilities; stables; clubhouses; pony ride strings; farms; ranches;
and arenas.
(5) "Equine professional" means a person
engaged for compensation in:
(a) instructing a participant
or renting to a participant an equine for the purpose of riding, driving,
or being a passenger upon the equine;
(b) selling or renting equipment or
tack to a participant; or
(c) providing veterinary or farrier
services.
(6) "Participant" means a 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.
(7) "Risks inherent in equine activities"
means dangers or conditions that are an integral part of equine activities,
including but not limited to:
(a) the propensity of an equine
to behave in ways that may result in injury or harm to or the death of
persons on or around the equine;
(b) the unpredictability of an equine's
reaction to such things as medication; sounds; sudden movement; and unfamiliar
objects, persons, or other animals;
(c) hazards, such as surface and subsurface
ground conditions;
(d) collisions with other equines or
objects; or
(e) the potential of another participant
to not maintain control over the equine or to not act within the person's
ability.
27-1-727
Equine activity liability limitations.
(1) Except as provided in subsections (2) and (3), an equine activity
sponsor or an equine professional is not liable for an injury to or the
death of a participant engaged in an equine activity resulting from risks
inherent in equine activities.
(2) An equine participant shall act
in a safe and responsible manner at all times to avoid injury to the participant
and others and to be aware of risks inherent in equine activities.
(3) Subsection (1) does not apply:
(a) if the equine activity
sponsor or the equine professional:
(i) provided the equipment
or tack and the equipment or tack caused the injury because the equine
activity sponsor or equine professional failed to reasonably and prudently
inspect or maintain the equipment;
(ii) provided the equine and failed
to make reasonable and prudent efforts to determine the ability of the
participant to safely engage in the equine activity and the participant's
ability to safely manage the particular equine based on the participant's
representations as to the participant's ability;
(iii) owned, leased, rented, or otherwise
was in lawful possession and control of the land or facilities upon which
the participant sustained injuries caused by a dangerous latent condition
that was known or should have been known to the equine activity sponsor
or the equine professional;
(iv) committed an act or omission that
constituted willful or wanton disregard for the safety of the participant
and the act or omission caused the injury; or
(v) intentionally injured the participant;
or
(b) in a products liability action.
27-1-728
Mule and horseracing -- exception.
Sections 27-1-725
through 27-1-727
do not apply to the horseracing and mule racing industry as regulated in
Title 23, chapter 4.
