Equine Liability Act
The Legislature of the State of New Mexico, 41st. Legislature, 1st. Session, Laws 1993, chapter 117: Senate Judiciary Committee Substitute for Senate Bill 268, as amended, introduced by Senator Virgil Rhodes.
AN ACT, RELATING TO TORT LIABILITY; ENACTING THE EQUINE LIABILITY ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE. This act may be cited as the “Equine Liability Act”.
Section 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.
Section 3. DEFINITIONS. As used in the Equine Liability Act,
A. “equine” means a horse, pony, mule, donkey or hinny;
B. “equine activities” means:
1. equine shows,
fairs, competitions, rodeos, gymkhana, performances or parades that involve
any or all breeds of equines and any of the equine disciplines;
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, and
D. “rider” means a person, whether amateur or professional, who is engaged in an equine activity.
Section 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
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;
Section 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.
RELEASE STATEMENT – A release statement used by an operator, equine animal owner, property owner, trainer or promoter of equine activities should include the warning that there are inherent risks to participants and observers involved in all activities with equine animals due to the propensity of and equine animal to kick, bite, shy, buck, stumble, bolt, rear, trample, be unpredictable or collide with other animals, objects or persons. The statement should also include a warning that New Mexico state law provides that no person, corporation or partnership is liable for personal injuries to or for the death of a rider (or other participant) that may occur as a result of the behavior of equine animals while engaged in any equine activities, and that the rider (or other participant) agrees to engage in the equine activity at his own risk.
The Equine Liability Act requires that signs warning about the inherent risk of equine activities and the limitations on liability of operators, owners, trainers, or promoters must be posted at every facility that houses (or allows access to) any equine animal. Permanent outdoor enameled aluminum signs, with black print on white background, measuring 16” by 20”, can be ordered from:
EQUINE LIABILITY ACT
for each heavy duty metal outdoor sign.
MAKE CHECK PAYABLE TO New Mexico Horse Council
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P.O. Box 10206, Albuquerque, NM 87184
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