Liberación de responsabilidad padre menor de edad - Formas de caballos equinos
New Jersey Equine
Activity Statute
5:15-1
Findings, declarations relative to equine
animal activities.
1.The Legislature finds and declares that
equine animal activities are practiced by a large number of citizens of
this State; that equine animal activities attract large numbers of nonresidents
to the State; that those activities significantly contribute to the economy
of this State; and that horse farms are a major land use which preserves
open space.
The Legislature further finds and declares
that equine animal activities involve risks that are essentially impractical
or impossible for the operator to eliminate; and that those risks must
be borne by those who engage in those activities.
The Legislature therefore determines that
the allocation of the risks and costs of equine animal activities is an
important matter of public policy and it is appropriate to state in law
those risks that the participant voluntarily assumes for which there can
be no recovery.
5:15-2
Definitions relative to equine animal activities.
2.As used in this act:
"Equestrian area" means all of the real and
personal property under the control of the operator or on the premises
of the operator which are being occupied, by license, lease, fee simple
or otherwise, including but not limited to designated trail areas, designated
easements or rights-of-way for access to trails, and other areas utilized
for equine animal activities.
"Equine animal" means a horse, pony, mule
or donkey.
"Equine animal activity" means any activity
that involves the use of an equine animal and shall include selling equipment
and tack; transportation, including the loading and off-loading for travel
to or from a horse show or trail system; inspecting, or evaluating an equine
animal belonging to another person whether or not the person has received
compensation; placing or replacing shoes on an equine animal; and veterinary
treatment on an equine animal.
"Inherent risk or risks of an equine animal
activity" means those dangers which are an integral part of equine animal
activity, which shall include but need not be limited to:
a.The propensity of an equine animal to behave
in ways that result in injury, harm, or death to nearby persons;
b.The unpredictability of an equine animal's
reaction to such phenomena as sounds, sudden movement and unfamiliar objects,
persons or other animals;
c.Certain natural hazards, such as surface
or subsurface ground conditions;
d.Collisions with other equine animals or
with objects; and
e.The potential of a participant to act in
a negligent manner that may contribute to injury to the participant or
others, including but not limited to failing to maintain control over the
equine animal or not acting within the participant's ability.
"Operator" means a person or entity who owns,
manages, controls or directs the operation of an area where individuals
engage in equine animal activities whether or not compensation is paid.Â
"Operator" shall also include an agency of this State, political subdivisions
thereof or instrumentality of said entities, or any individual or entity
acting on behalf of an operator for all or part of such activities.
"Participant" means any person, whether an
amateur or professional, engaging in an equine animal activity, whether
or not a fee is paid to engage in the equine animal activity or, if a minor,
the natural guardian, or trainer of that person standing in loco parentis,
and shall include anyone accompanying the participant, or any person coming
onto the property of the provider of equine animal activities or equestrian
area whether or not an invitee or person pays consideration.
"Spectator" means a person who is present
in an equestrian area for the purpose of observing equine animal activities
whether or not an invitee.
5:15-3
Assumption of inherent risks of equine
animal activities.
3.A participant and spectator are deemed to
assume the inherent risks of equine animal activities created by equine
animals , weather conditions, conditions of trails, riding rings, training
tracks, equestrians, and all other inherent conditions. Each participant
is assumed to know the range of his ability and it shall be the duty of
each participant to conduct himself within the limits of such ability to
maintain control of his equine animal and to refrain from acting in a manner
which may cause or contribute to the injury of himself or others, loss
or damage to person or property, or death which results from participation
in an equine animal activity.
5:15-4
Equine activity prohibited under certain
circumstances.
4. participant or a spectator shall not engage
in, attempt to engage in, or interfere with, an equine animal activity
if he is knowingly under the influence of any alcoholic beverage as defined
in R.S.33:1-1 or under the influence of any prescription, legend drug or
controlled dangerous substance as is defined in P.L.1970, c.226 (C.24:21-1
et seq.), or any other substance that affects the individual's ability
to safely engage in the equine animal activity and abide by the posted
and stated instructions. The operator may prevent a participant or
a spectator who is perceptibly or apparently under the influence of drugs
or alcohol, from engaging in, or interfering with, an equine animal activity
or being in an equestrian area. An operator who prevents a participant
or a spectator from engaging in, or interfering with, an equine animal
activity, or being in an equestrian area in accordance with this section
shall not be criminally or civilly liable in any manner or to any extent
whatsoever if the operator has a reasonable basis for believing that the
participant or spectator is under the influence of drugs or alcohol.
5:15-5
Complete bar of suit, defense.
5.The assumption of risk set forth in section
3 of this act shall be a complete bar of suit and shall serve as a complete
defense to a suit against an operator by a participant for injuries resulting
from the assumed risks, notwithstanding the provisions of P.L.1973, c.146
(C.2A:15-5.1 et seq.) relating to comparative negligence. Failure
of a participant to conduct himself within the limits of his abilities
as provided in section 3 of this act shall bar suit against an operator
to compensate for injuries resulting from equine animal activities, where
such failure is found to be a contributory factor in the resulting injury.
5:15-6
Written report as precondition to suit.
6. a. As a precondition to bringing
any suit in connection with a participant injury against an operator, a
participant shall submit a written report to the operator setting forth
all details of any accident or incident as soon as possible, but in no
event longer than 180 days from the time of the accident or incident giving
rise to the suit.
b.The report shall include at least the following:Â
The participant's name and address, a brief description of the accident
or incident, the location of the accident or incident, the alleged cause
of the accident or incident, the names of any other persons involved in
the accident or incident and witnesses, if any. If it is not practicable
to submit the report within 180 days because of severe physical disability
resulting from a participant accident or incident, the report shall be
submitted as soon as practicable. This section is not applicable
with respect to an equestrian area unless the operator conspicuously posts
notice to participants of the requirements of the section.
c.A participant who fails to submit the report
within 180 days from the time of the accident or incident may be permitted
to submit the report at any time within one year after the accident or
incident, if in the discretion of a judge of the Superior Court the operator
is not substantially prejudiced thereby. Application to the court
for permission to submit a late report shall be made upon motion based
on affidavits showing sufficient reasons for the participant's failure
to give the report within 180 days from the time of the accident or incident
5:15-10
Posting of sign required.
10.All operators shall post and maintain signs
on all lands owned or leased thereby and used for equine activities, which
signs shall be posted in a manner that makes them visible to all participants
and which shall contain the following notice in large capitalized print:
WARNING
UNDER NEW JERSEY LAW, AN EQUESTRIAN AREA
OPERATOR IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN
EQUINE ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ANIMAL
ACTIVITIES, PURSUANT TO P.L.1997, c.287 (C.5:15-1 et seq.).
Individuals or entities providing equine animal
activities on behalf of an operator, and not the operator, shall be required
to post and maintain signs required by this section.
5:15-11
Provisions of act cumulative.
11.The provisions of this act are cumulative
with the defenses available to a public entity or public employee under
the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq.
5:15-12
Act not applicable to racing industry.
12.This act shall not apply to the horse racing
industry.
