Hauling Release and Waiver - Horse Equine Forms
New Mexico Equine
Activity Statutes
42-13-2
Legislative purpose and findings.
The legislature recognizes that persons who participate in or observe
equine activities may incur injuries as a result of the numerous inherent
risks involved in such activities. The legislature also finds that
the state and its citizens derive numerous personal and economic benefits
from such activities. It is the purpose of the legislature to encourage
owners, trainers, operators and promoters to sponsor or engage in equine
activities by providing that no person shall recover for injuries resulting
from the risks related to the behavior of equine animals while engaged
in any equine activities.
42-13-3
Definitions.
As used in the Equine Liability Act [42-13-1 to 42-13-5 NMSA
1978]:
A. "equine" means a llama, horse, pony, mule, donkey or hinny;
B. "equine activities" means:
(1) equine shows, fairs, competitions, rodeos, gymkhanas,
performances or parades that involve any or all breeds of equines and any
of the equine disciplines;
(2) training or teaching activities;
(3) boarding equines;
(4) riding an equine belonging to another whether or not the owner
has received some monetary consideration or other thing of equivalent value
for the use of the equine or is permitting a prospective purchaser of the
equine to ride, inspect or evaluate the equine;
(5) rides, shows, clinics, trips, hunts or other equine occasions
of any type, however informal or impromptu, connected with any equine or
nonequine group or club; and
(6) equine racing;
C. "behavior of equine animals" means the propensity of an equine animal
to kick, bite, shy, buck, stumble, bolt, rear, trample, be unpredictable
or collide with other animals, objects or persons;
D. "llama" means a South American camelid that is an animal of the
genus lama, including llamas, alpacas, guanacos and vicunas; and
E. "rider" means a person, whether amateur or professional, who
is engaged in an equine activity.
42-13-4
Limitation on liability
A. No person, corporation or partnership is liable for personal
injuries to or for the death of a rider that may occur as a result of the
behavior of equine animals while engaged in any equine activities.
B. No person, corporation or partnership shall make any claim
against, maintain any action against or recover from a rider, operator,
owner, trainer or promoter for injury, loss or damage resulting from equine
behavior unless the acts or omissions of the rider, owner, operator, trainer
or promoter constitute negligence.
C. Nothing in the Equine Liability Act [42-13-1 to 42-13-5
NMSA 1978] shall be construed to prevent or limit the liability of the
operator, owner, trainer or promoter of an equine activity who:
(1) provided the equipment or tack, and knew or should
have known that the equipment or tack was faulty and an injury was the
proximate result of the faulty condition of the equipment or tack;
(2) provided the equine and failed to make reasonable and prudent
efforts to determine the ability of the rider to:
(a) engage safely in the equine activity; or
(b) safely manage the particular equine based on the rider's representations
of his ability;
(3) owns, leases, rents or otherwise is in lawful possession
and control of the land or facilities upon which a rider sustained injuries
because of a dangerous condition that was known to the operator, owner,
trainer or promoter of the equine activity;
(4) committed an act or omission that constitutes conscious or reckless
disregard for the safety of a rider and an injury was the proximate result
of that act or omission; or
(5) intentionally injures a rider.
42-13-5
Posting of notice
Operators, owners, trainers and promoters of equine activities or
equine facilities, including but not limited to stables, clubhouses, ponyride
strings, fairs and arenas, and persons engaged in instructing or renting
equine animals shall post clearly visible signs at one or more prominent
locations that shall include a warning regarding the inherent risks of
the equine activity and the limitations on liability of the operator, owner,
trainer or promoter.
