PRINTER'S NO. 1291
No. 1157 Session of 1995
INTRODUCED BY MAITLAND, MASLAND, LYNCH, FLEAGLE, FARGO, FLICK,
STERN, READSHAW, ZUG, HANNA, FAIRCHILD, RUBLEY, E. Z. TAYLOR,
SATHER, FEESE, HUTCHINSON, SEMMEL, HERSHEY, NICKOL, EGOLF,
TRELLO, SERAFINI AND HALUSKA, MARCH 14, 1995
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 14, 1995
AN ACT
1 Providing for civil liability relating to equine activities, for
2 exceptions thereto and for the posting and furnishing of
3 certain notices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Equine
8 Activity Liability Law.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Engages in an equine activity." The term includes riding,
14 training, assisting in veterinary treatment of, driving or being
15 a passenger upon an equine, whether mounted or unmounted,
16 visiting or touring or utilizing an equine facility as part of
17 an organized event or activity, or any person assisting a
1 participant or show management. The term does not include being
2 a spectator at an equine activity, except in cases where the
3 spectator places himself in an unauthorized area or in immediate
4 proximity to the equine activity.
5 "Equine." A horse, pony, mule or donkey.
6 "Equine activity."
7 (1) Equine shows, fairs, competitions, performances or
8 parades that involve any or all breeds of equines and any of
9 the equine disciplines, including, but not limited to,
10 dressage, hunter and jumper horse shows, Grand Prix jumping,
11 three-day events, combined training, rodeos, riding, driving,
12 pulling, cutting, polo, steeplechasing, English and western
13 performance riding, endurance trail riding, gymkhana games,
14 and hunting.
15 (2) Equine training or teaching activities, or both.
16 (3) Boarding equines, including normal daily care
17 thereof.
18 (4) Riding, inspecting or evaluating by a purchaser or
19 an agent, an equine belonging to another, whether or not the
20 owner has received some monetary consideration or other
21 things of value for the use of the equine or is permitting a
22 prospective purchaser of the equine to ride, inspect or
23 evaluate the equine.
24 (5) Rides, trips, hunts or other equine activities of
25 any type, however informal or impromptu, that are sponsored
26 by an equine activity sponsor.
27 (6) Placing or replacing horseshoes or hoof trimming on
28 an equine.
29 (7) Providing or assisting in veterinary treatment.
30 "Equine activity sponsor." An individual, group, club,
19950H1157B1291 - 2 -
1 partnership or corporation, whether or not the sponsor is
2 operating for profit or nonprofit, which sponsors, organizes or
3 provides the facilities for an equine activity, including, but
4 not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs,
5 school-sponsored and college-sponsored classes, programs and
6 activities, therapeutic riding programs, stable and farm owners
7 and operators, instructors and promoters or equine facilities,
8 including, but not limited to, farms, stables, clubhouses, pony
9 ride strings, fairs and arenas at which the activity is held.
10 "Equine professional." A person engaged for compensation in
11 any of the following:
12 (1) In instructing a participant or renting to a
13 participant an equine for the purpose of riding, driving or
14 being a passenger upon the equine.
15 (2) In renting equipment or tack to a participant.
16 (3) In providing daily care of horses boarded at an
17 equine facility.
18 (4) To train an equine.
19 "Inherent risks of equine activities." Those dangers or
20 conditions which are an integral part of equine activities,
21 including, but not limited to:
22 (1) The propensity of equines to behave in ways that may
23 result in injury, harm or death 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
19950H1157B1291 - 3 -
1 manner that may contribute to injury to the participant or
2 others, such as failing to maintain control over the animal
3 or not acting within his ability.
4 "Participant." Any person, whether amateur or professional,
5 who engages in an equine activity, whether or not a fee is paid
6 to participate in the equine activity.
7 Section 3. General provisions.
8 An equine activities sponsor, an equine professional or other
9 person, which shall include a corporation or partnership, shall
10 not be liable for an injury to or the death of a participant
11 resulting from the inherent risks of equine activities and
12 claims made by participants or participants' representatives
13 shall be limited to those areas set forth in section 4.
14 Section 4. Exceptions.
15 (a) General rule.--Nothing in section 3 shall prevent or
16 limit the liability of an equine activity sponsor, an equine
17 professional or any other person if the equine activity sponsor,
18 equine professional or person:
19 (1) (i) provided the equipment or tack and knew or
20 should have known that the equipment or tack was faulty,
21 and such equipment or tack was faulty to the extent that
22 it did cause the injury; or
23 (ii) provided the equine and failed to make
24 reasonable and prudent efforts to determine the ability
25 of the participant to engage safely in the equine
26 activity and determine the ability of the participant to
27 safely manage the particular equine based on the
28 participant's representations of his ability.
29 (2) Owns, leases, rents, has authorized use of or is
30 otherwise in lawful possession and control of the land or
19950H1157B1291 - 4 -
1 facilities upon which the participants sustained injuries
2 because of a dangerous latent condition which was known or
3 should have been known to the equine activity sponsor, equine
4 professional or person and for which warning signs, under
5 section 5, have not been conspicuously posted.
6 (3) Commits an act of omission that constitutes reckless
7 disregard for the safety of the participant and that act of
8 omission caused the injury.
9 (4) Intentionally injures the participant.
10 (b) Horse race meeting.--This section shall not apply to a
11 horse race meeting as described in the act of December 17, 1981
12 (P.L.435, No.135), known as the Race Horse Industry Reform Act.
13 Section 5. Posting and notification.
14 (a) Posting requirements.--Every equine professional shall
15 post and maintain signs which contain the warning notice
16 specified in subsection (b). The signs shall be placed in a
17 clearly visible location in the proximity of the equine
18 activity. The warning notice specified in subsection (b) shall
19 appear on the sign in black letters, with each letter to be a
20 minimum of one inch in height. Every written contract entered
21 into by an equine professional for the providing of professional
22 services, instruction or the rental of equipment or tack or an
23 equine to a participant, whether or not the contract involves
24 equine activities on or off the location or site of the equine
25 professional's business, shall contain in clearly readable print
26 the warning notice specified in subsection (b).
27 (b) Content of notice.--The signs and contracts described in
28 subsection (a) shall contain the following warning notice:
29 WARNING: Equines (horses, ponies, mules or donkeys) are
30 potentially dangerous animals, and there are inherent
19950H1157B1291 - 5 -
1 risks related to activities involving them. You may be
2 bitten, kicked, stepped upon, thrown or subjected to
3 other actions resulting in injuries. Under Pennsylvania
4 law, an equine professional is not liable for an injury
5 to or the death of a participant in equine activities
6 resulting from the inherent risks of equine activities
7 under the act of , (P.L. , No. ), known
8 as the Equine Activity Liability Law.
9 Section 6. Effective date.
10 This act shall take effect in 60 days.
B16L03RZ/19950H1157B1291 - 6 -