PRIOR PRINTER'S NO. 1060 PRINTER'S NO. 3936
No. 896 Session of 2003
INTRODUCED BY McILHATTAN, READSHAW, GORDNER, HUTCHINSON,
CREIGHTON, CAPPELLI, SOLOBAY, MAITLAND, LAUGHLIN,
R. STEVENSON, FORCIER, SATHER, HERMAN, WILT, RUBLEY,
YOUNGBLOOD, HERSHEY, BASTIAN, HARHAI, HORSEY, STERN, SAYLOR,
HARPER, TURZAI, ARGALL, ARMSTRONG, BENNINGHOFF, CAUSER,
CLYMER, COLEMAN, CORRIGAN, CRAHALLA, DALLY, DiGIROLAMO,
FLEAGLE, HABAY, JAMES, LYNCH, McILHINNEY, METCALFE,
R. MILLER, PICKETT, REED, ROHRER, ROSS, SEMMEL, S. H. SMITH,
T. STEVENSON, E. Z. TAYLOR, TRUE, WANSACZ, WATSON, FEESE,
HARRIS, LEWIS, EGOLF, S. MILLER, DeWEESE, BARD, SCAVELLO,
SCHRODER, HESS, DALEY, MAHER AND WOJNAROSKI, MARCH 18, 2003
AS AMENDED, COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES,
MAY 25, 2004
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, limiting civil liability
3 for injury or death incurred in connection with equine <--
4 activities.
5 The General Assembly finds that persons who participate in <--
6 equine activities may incur injuries as a result of the risks
7 involved in such activities. The General Assembly also finds
8 that the Commonwealth and its citizens derive numerous economic
9 and personal benefits from such activities. It is, therefore,
10 the intent of the General Assembly to encourage equine
11 activities by limiting the civil liability of those involved in
12 such activities.
13 THE GENERAL ASSEMBLY FINDS AND DECLARES THAT EQUINE <--
14 ACTIVITIES ARE ENGAGED IN BY A SUBSTANTIAL NUMBER OF THE
1 CITIZENS OF THIS COMMONWEALTH AND ALSO ATTRACTS TO THIS
2 COMMONWEALTH A LARGE NUMBER OF NONRESIDENTS; THAT THESE
3 ACTIVITIES SIGNIFICANTLY CONTRIBUTE THE ECONOMY OF THIS
4 COMMONWEALTH.
5 THE GENERAL ASSEMBLY FURTHER FINDS THAT EQUINE COMMUNITY AND
6 HORSE FARMS PLAY A SIGNIFICANT ROLE IN AGRICULTURE AND
7 PRESERVATION OF OPEN SPACE.
8 THE GENERAL ASSEMBLY FURTHER FINDS THAT EQUINE ACTIVITIES
9 INVOLVE INHERENT RISKS THAT ARE ESSENTIALLY IMPRACTICAL OR
10 IMPOSSIBLE TO ELIMINATE AND THAT THOSE RISKS MUST BE BORNE BY
11 THOSE WHO ENGAGE IN THE ACTIVITIES.
12 THE GENERAL ASSEMBLY THEREFORE DETERMINES THAT AS A MATTER OF
13 PUBLIC POLICY THOSE PARTICIPATING IN EQUINE ACTIVITIES
14 VOLUNTARILY ASSUME THE RISK OF THE INHERENT DANGERS OF THE SPORT
15 AND CIVIL LIABILITY FOR INJURIES OR DEATH SHALL BE LIMITED.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Chapter 83 of Title 42 of the Pennsylvania <--
19 Consolidated Statutes is amended by adding a subchapter to read:
20 SUBCHAPTER I
21 EQUINE ACTIVITY
22 Sec.
23 8395. Short title of subchapter.
24 8396. Definitions.
25 8397. Liability standard.
26 8398. Exceptions.
27 8399. Posting and notification.
28 § 8395. Short title of subchapter.
29 This subchapter shall be known and may be cited as the Equine
30 Activity Liability Act.
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1 § 8396. Definitions.
2 The following words and phrases when used in this subchapter
3 shall have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Engages in an equine activity." The term includes, but is
6 not limited to:
7 (1) riding, training, boarding, loading or breeding an
8 equine;
9 (2) providing or assisting in veterinary treatment;
10 (3) placing, removing or replacing horseshoes or
11 trimming hooves;
12 (4) driving or being a passenger upon an equine, whether
13 mounted or unmounted;
14 (5) visiting, touring or utilizing an equine facility;
15 (6) sponsoring an equine activity; or
16 (7) assisting a participant or show management at an
17 equine activity.
18 "Equine." A horse, pony, mule, donkey or hinny.
19 "Equine activity." The term shall be broadly construed to
20 include, but not be limited to:
21 (1) Equine shows, fairs, competitions, performances or
22 parades that involve any or all breeds of equines and any of
23 the equine disciplines, including, but not limited to,
24 dressage, hunter and jumper horse shows, Grand Prix jumping,
25 three-day events, combined training, rodeos, riding, driving,
26 pulling, cutting, reining, team penning, barrel racing, polo,
27 steeplechasing, English and western performance riding,
28 endurance and nonendurance trail riding, western games,
29 gymkhana games, hunting, packing and recreational riding.
30 (2) Equine or rider and driver training, or teaching,
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1 instructing, testing, or evaluating activities, including,
2 but not limited to, clinics, seminars, symposiums and
3 demonstrations.
4 (3) Boarding equines, including their normal daily care.
5 (4) Breeding equines, including conducting or assisting
6 in procedures necessary to breed an equine by means of
7 artificial insemination, normal daily care and activities
8 associated with breeding equines.
9 (5) Riding, driving, inspecting or evaluating an equine
10 belonging to another by a purchaser or an agent, whether or
11 not the owner has received some monetary consideration or
12 other things of value for the use of the equine or is
13 permitting a prospective purchaser of the equine or an agent
14 to ride, drive, inspect or evaluate the equine.
15 (6) Rides, drives, trips, hunts, brandings, roundups,
16 cattle drives or other equine activities of any type, however
17 informal or impromptu, that are sponsored by an equine
18 activity sponsor.
19 (7) Placing, removing or replacing horseshoes or hoof
20 trimming on an equine.
21 (8) Providing or assisting in veterinary treatment or
22 maintenance care of an equine.
23 "Equine activity sponsor." An individual, group, club,
24 partnership or corporation, whether or not the sponsor is
25 operating for profit or not for profit, which sponsors,
26 organizes or provides the facilities for an equine activity,
27 including, but not limited to, pony clubs, 4-H clubs, hunt
28 clubs, riding clubs, driving clubs, school-sponsored and
29 college-sponsored classes, programs and activities, therapeutic
30 riding programs, stable and farm owners and operators,
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1 instructors and promoters of equine facilities, including, but
2 not limited to, farms, stables, clubhouses, pony ride strings,
3 fairs, training facilities, show grounds and arenas at which the
4 activity is held.
5 "Equine professional." A person engaged in any of the
6 following:
7 (1) Training, teaching, instructing, testing or
8 evaluating a participant, or renting to a participant an
9 equine for the purpose of riding, driving or being a
10 passenger upon the equine.
11 (2) Renting or leasing equipment or tack to a
12 participant.
13 (3) Providing daily care of horses boarded at an equine
14 facility.
15 (4) Training, testing or evaluating an equine.
16 "Harm." Injury, whether resulting in death or otherwise.
17 "Inherent risks of equine activities." Those dangers or
18 conditions which are an integral part of equine activities,
19 including, but not limited to:
20 (1) The propensity of equines to behave in ways,
21 including bolting, bucking, biting, kicking, shying,
22 stumbling, rearing, running, falling or stepping on persons,
23 that may result in harm to persons on or around them.
24 (2) The unpredictability of an equine's reaction to such
25 things as sounds, sudden movements and unfamiliar objects,
26 persons or other animals.
27 (3) Certain hazards such as surface and subsurface
28 conditions.
29 (4) Collisions with other equines or objects.
30 (5) The potential of a participant to act in a negligent
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1 manner that may contribute to harm to the participant and
2 others, such as failing to maintain control over the animal
3 or not acting within the participant's ability.
4 "Participant." Any person who engages in an equine activity,
5 if such person is either 15 years of age or older or is under 15
6 years of age with permission from a parent or guardian to engage
7 in an equine activity, whether or not a fee is paid to
8 participate in the equine activity. A person under 15 years of
9 age attending an equine activity as a spectator who enters an
10 unauthorized area or an area in immediate proximity to the
11 equine activity shall meet the definition of participant whether
12 or not his parents permitted him to engage in an equine
13 activity.
14 § 8397. Liability standard.
15 Except as provided in section 8398 (relating to exceptions),
16 an equine activity sponsor, equine activity participant, equine
17 professional or any other person, including a corporation or
18 partnership, shall not be liable for an injury or loss to or the
19 death of a participant resulting from the inherent risks of
20 equine activities and, except as provided in section 8398, no
21 participant or participant's representative shall make any claim
22 against, maintain an action against or recover from an equine
23 activity sponsor, equine activity participant, equine
24 professional or any other person for harm to a participant
25 resulting from any of the inherent risks of equine activities.
26 § 8398. Exceptions.
27 (a) General rule.--Nothing in section 8397 (relating to
28 liability standard) shall prevent or limit the liability of an
29 equine activity sponsor, equine professional or any other person
30 if the equine activity sponsor, equine professional or person:
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1 (1) Was grossly negligent.
2 (2) Committed an act or omission that constituted
3 willful or wanton disregard for the safety of the participant
4 and that act or omission caused the injury.
5 (3) Intentionally injured the participant.
6 (b) Denial of participation.--An equine professional may
7 refuse to allow any participant to participate in any equine
8 activity for which the professional or sponsor believes the
9 participant is not capable of performing safely without recourse
10 by the participant.
11 (c) Horse race meeting.--This section shall not apply to a
12 horse race meeting as described in the act of December 17, 1981
13 (P.L.435, No.135), known as the Race Horse Industry Reform Act.
14 (d) Assumption of risk; contributory fault.--Nothing in this
15 section shall be construed as affecting or modifying the
16 doctrine of assumption of risk or contributory fault on the part
17 of a participant or any person.
18 § 8399. Posting and notification.
19 (a) Posting requirements.--An equine activity sponsor and
20 equine professional shall post the notice required in subsection
21 (b) and include a similar notice in contracts, registration
22 forms for activities and permission slips for individuals under
23 15 years of age. This notice shall be clearly legible in English
24 and available in other languages as may be required by the
25 clientele of the equine activity sponsor or equine professional.
26 (b) Contents of notice.--Notices required in subsection (a)
27 shall clearly convey the following:
28 (1) The rider, participant and/or driver is responsible
29 for the equine and its actions.
30 (2) The equine activity sponsor and equine professional
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1 are not responsible for the participant's actions.
2 (3) Riding and driving are inherently dangerous
3 activities for which the participant bears full
4 responsibility.
5 (4) The participant cannot recover damages based on the
6 participant's actions.
7 Section 2. This act shall take effect in 60 days.
8 SECTION 1. CHAPTER 83 OF TITLE 42 OF THE PENNSYLVANIA <--
9 CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBCHAPTER TO READ:
10 SUBCHAPTER I
11 EQUINE ACTIVITY
12 SEC.
13 8395. DEFINITIONS.
14 8396. ASSUMPTION OF INHERENT RISKS.
15 8397. EXCEPTIONS.
16 8398. NOTICES.
17 § 8395. DEFINITIONS.
18 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
19 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
20 CONTEXT CLEARLY INDICATES OTHERWISE:
21 "ENGAGES IN AN EQUINE ACTIVITY." PARTICIPATION IN EQUINE
22 ACTIVITY. THE TERM INCLUDES:
23 (1) RIDING, TRAINING, LOADING AND UNLOADING FOR TRAVEL
24 OR BREEDING AN EQUINE.
25 (2) PROVIDING OR ASSISTING IN MEDICAL, DENTAL OR
26 THERAPEUTIC TREATMENT OF AN EQUINE.
27 (3) PLACING OR REMOVING HORSESHOES AND TRIMMING HOOVES.
28 (4) DRIVING OR BEING A PASSENGER UPON AN EQUINE OR A
29 DEVICE ATTACHED TO THE EQUINE.
30 (5) VISITING, TOURING OR UTILIZING AN EQUINE FACILITY.
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1 (6) SPONSORING AN EQUINE ACTIVITY.
2 (7) ASSISTING A PARTICIPANT OR SHOW MANAGEMENT AT AN
3 EQUINE ACTIVITY.
4 THE TERM DOES NOT INCLUDE ACTING AS A SPECTATOR UNLESS THE
5 SPECTATOR IS PLACED IN AN AREA IN IMMEDIATE PROXIMITY TO THE
6 EQUINE ACTIVITY.
7 "EQUINE." A HORSE, PONY, DONKEY OR MULE.
8 "EQUINE ACTIVITY." ACTIVITY WHICH INVOLVES THE USE OF AN
9 EQUINE. THE TERM INCLUDES:
10 (1) EQUINE SHOWS, FAIRS, PARADES, COMPETITIONS OR
11 PERFORMANCES WHICH INVOLVE BREEDS OF EQUINE PARTICIPATING IN
12 AN ACTIVITY. THIS PARAGRAPH INCLUDES DRESSAGE, HUNTER AND
13 JUMPER SHOWS, GRAND PRIX JUMPING, THREE-DAY EVENTING,
14 COMBINED TRAINING, RODEOS, REINING, CUTTING, TEAM PENNING,
15 DRIVING, PULLING, BARREL RACING, STEEPLECHASING, ENGLISH AND
16 WESTERN PERFORMANCE RIDING, ENDURANCE AND NONENDURANCE TRAIL
17 RIDING, WESTERN GAMES, GYMKHANA, HUNTING, PACKING,
18 THERAPEUTIC RIDING AND DRIVING AND RECREATIONAL RIDING.
19 (2) EQUINE OR RIDER AND DRIVER TRAINING, TEACHING,
20 INSTRUCTING OR EVALUATION. THIS PARAGRAPH INCLUDES CLINICS,
21 SEMINARS AND DEMONSTRATIONS.
22 (3) BOARDING EQUINES, INCLUDING NORMAL DAILY CARE.
23 (4) BREEDING EQUINES, WHETHER BY LIVE COVER OR
24 ARTIFICIAL INSEMINATION.
25 (5) RIDING, DRIVING, INSPECTING OR EVALUATING AN EQUINE
26 BELONGING TO ANOTHER BY A PURCHASER OR AGENT, WHETHER OR NOT
27 THE OWNER HAS RECEIVED ANYTHING OF VALUE FOR THE USE OF THE
28 EQUINE OR IS PERMITTING A PROSPECTIVE PURCHASER OR A
29 PURCHASER'S AGENT TO RIDE, DRIVE, INSPECT OR EVALUATE THE
30 EQUINE.
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1 (6) RECREATIONAL RIDES, DRIVES OR OTHER ACTIVITY
2 INVOLVING THE USE OF AN EQUINE.
3 (7) PROVIDING OR ASSISTING IN MEDICAL, DENTAL OR
4 THERAPEUTIC CARE OF AN EQUINE.
5 (8) PLACING, REMOVING OR REPLACING HORSESHOES OR
6 TRIMMING OF HORSE HOOVES.
7 (9) LEADING, HANDLING OR GROOMING AN EQUINE.
8 "EQUINE ACTIVITY SPONSOR." ANY INDIVIDUAL, GROUP, CLUB OR
9 BUSINESS ENTITY, WHETHER OR NOT OPERATING FOR PROFIT, THAT
10 SPONSORS, ORGANIZES, CONDUCTS OR PROVIDES THE FACILITIES OR
11 EQUINES FOR AN EQUINE ACTIVITY. THE TERM INCLUDES PONY AND HORSE
12 CLUBS, 4-H GROUPS, EQUINE ASSOCIATIONS, FARMS, RECREATIONAL
13 RIDING, RIDING FACILITIES AND SHOW GROUNDS AND ARENAS WHERE
14 EQUINE ACTIVITIES ARE HELD.
15 "EQUINE PROFESSIONAL." A PERSON ENGAGED IN ANY OF THE
16 FOLLOWING EQUINE ACTIVITIES:
17 (1) TRAINING, TEACHING, INSTRUCTING OR EVALUATING A
18 PARTICIPANT OR AN EQUINE, OR RENTING AN EQUINE TO A
19 PARTICIPANT FOR THE PURPOSE OF RIDING, DRIVING OR BEING A
20 PASSENGER UPON AN EQUINE OR A DEVICE ATTACHED TO AN EQUINE.
21 (2) RENTING OR LEASING EQUIPMENT OR TACK TO A
22 PARTICIPANT.
23 (3) PROVIDING DAILY CARE OF HORSES BOARDED AT AN EQUINE
24 FACILITY.
25 "INHERENT RISKS OF EQUINE ACTIVITIES." DANGERS OR CONDITIONS
26 WHICH ARE AN INTEGRAL PART OF EQUINE ACTIVITIES. THE TERM
27 INCLUDES:
28 (1) THE PROPENSITY OF AN EQUINE TO BEHAVE IN A MANNER
29 WHICH MAY CAUSE INJURY, HARM OR DEATH TO A PERSON ON OR NEAR
30 IT.
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1 (2) THE UNPREDICTABILITY OF AN EQUINE'S REACTION TO
2 SOUNDS, SUDDEN MOVEMENTS, UNFAMILIAR OBJECTS, INDIVIDUALS OR
3 OTHER ANIMALS.
4 (3) AN EQUINE'S REACTION TO CERTAIN NATURAL HAZARDS,
5 SUCH AS SURFACE AND SUBSURFACE GROUND CONDITIONS.
6 (4) A COLLISION WITH OTHER EQUINES OR OBJECTS.
7 (5) AN EQUINE'S RESPONSE TO THE PARTICIPANT'S MANNER OF
8 HANDLING OR CONTROLLING IT OR INABILITY TO HANDLE OR CONTROL
9 IT.
10 "PARTICIPANT." AN INDIVIDUAL, WHETHER AMATEUR OR
11 PROFESSIONAL, WHO ENGAGES IN AN EQUINE ACTIVITY, REGARDLESS OF
12 WHETHER A FEE IS PAID TO ENGAGE IN THE EQUINE ACTIVITY. IF A
13 PARTICIPANT IS A MINOR, THE TERM INCLUDES THE PARENT, GUARDIAN
14 OR PERSON STANDING IN LOCO PARENTIS.
15 § 8396. ASSUMPTION OF INHERENT RISKS.
16 A PARTICIPANT IN AN EQUINE ACTIVITY IS DEEMED TO ASSUME THE
17 INHERENT RISK OF EQUINE ACTIVITIES, WHETHER CREATED BY THE
18 EQUINE, WEATHER CONDITIONS, GROUND CONDITIONS OR OTHER INHERENT
19 RISKS OF THE EQUINE ACTIVITIES. EXCEPT AS SET FORTH IN SECTION
20 8397 (RELATING TO EXCEPTIONS), THE ASSUMPTION OF THE RISK SHALL
21 BE A COMPLETE BAR TO SUIT BY A PARTICIPANT IN AN EQUINE ACTIVITY
22 OR A SUCCESSOR IN INTEREST AND SHALL SERVE AS A COMPLETE DEFENSE
23 TO ANY ACTION, CLAIM OR SUIT AGAINST AN EQUINE ACTIVITY SPONSOR,
24 EQUINE PROFESSIONAL OR OTHER PARTICIPANT.
25 § 8397. EXCEPTIONS.
26 NOTHING IN SECTION 8396 (RELATING TO ASSUMPTION OF INHERENT
27 RISKS) SHALL BAR OR LIMIT THE LIABILITY OF AN EQUINE ACTIVITY
28 SPONSOR, EQUINE PROFESSIONAL OR ANY OTHER PARTICIPANT IF THE
29 EQUINE ACTIVITY SPONSOR, EQUINE PROFESSIONAL OR PARTICIPANT:
30 (1) WAS GROSSLY NEGLIGENT;
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1 (2) COMMITTED AN ACT OR OMISSION WHICH CONSTITUTES
2 WILLFUL OR RECKLESS DISREGARD FOR THE SAFETY OF THE
3 PARTICIPANT AND WHICH CAUSED THE INJURY OR DEATH; OR
4 (3) INTENTIONALLY INJURED THE PARTICIPANT.
5 § 8398. NOTICES.
6 AN EQUINE ACTIVITY SPONSOR AND AN EQUINE PROFESSIONAL SHALL
7 POST THE FOLLOWING NOTICE AND INCLUDE THE NOTICE IN CONTRACTS,
8 RIDING AND LESSON AGREEMENTS, REGISTRATION AND ENTRY FORMS AND
9 ANY OTHER DOCUMENTS REQUIRED BY THE EQUINE ACTIVITY SPONSOR AND
10 EQUINE PROFESSIONAL FOR THE PARTICIPATION IN AN EQUINE ACTIVITY:
11 WARNING: UNDER PENNSYLVANIA LAW AN EQUINE PROFESSIONAL
12 AND EQUINE ACTIVITY SPONSOR IS NOT LIABLE FOR AN INJURY
13 TO OR DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES
14 RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.
15 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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