Liberación de responsabilidad padre menor de edad - Formas de caballos equinos
Rhode Island Equine Activity Statutes
§ 4-21-1
Definitions.
For the purpose of this chapter, the following words or phrases
shall have the following meanings:
(1) "Engages in an equine activity" means riding, training, assisting
in veterinary treatment of, driving, or being a passenger upon an equine,
whether mounted or unmounted, visiting or touring or utilizing an equine
facility as part of an organized event or activity, or any person assisting
a participant or show management. The term "engages in an equine activity"
does not include being a spectator at an equine activity, except in cases
where the spectator knowingly places himself in a restricted area.
(2) "Equine" means a horse, pony, mule, or donkey.
(3) "Equine activity" means:
(i) Equine shows, fairs, competitions, or performances
that involve any or all breeds of equines and any of the equine disciplines,
including, but not limited to, dressage, hunter and jumper horse shows,
grand prix jumping, three-day events, combined training, rodeos, riding,
driving, pulling, cutting, polo, steeplechasing, English and western performance
riding, endurance trail riding, gymkhana games, and hunting;
(ii) Equine training or teaching activities, or both;
(iii) Boarding equines, including their normal daily care;
(iv) Riding, inspecting, or evaluating by a purchaser or an agent
an equine belonging to another, whether or not the owner has received some
monetary consideration or other thing of value for the use of the equine
or is permitting a prospective purchaser of the equine to ride, inspect,
or evaluate the equine;
(v) Rides, trips, hunts or other equine activities of any type,
however informal or impromptu, that are sponsored by an equine activity
sponsor;
(4) "Equine activity sponsor" means an individual, group, club, partnership,
or corporation, whether or not the sponsor is operating for profit or not
for profit, which sponsors, organizes, or provides the facilities for an
equine activity, including but not limited to, pony clubs, 4-H clubs, hunt
clubs, riding clubs, school and college-sponsored classes, programs and
activities, therapeutic riding programs, stable and farm owners and operators,
instructors, and promoters or equine facilities, including but not limited
to farms, stables, clubhouses, pony ride strings, fairs, and arenas at
which the activity is held.
(5) "Equine professional" means a person engaged for compensation
to:
(i) Instruct a participant or rent to a participant an
equine for the purpose of riding, driving or being a passenger upon the
equine;
(6) "Inherent risks of equine activities" means those dangers or conditions
which are an integral part of equine activities, including but not limited
to:
(i) The propensity of equines to behave in ways that may
result in injury, harm, or death to persons on or around them;
(ii) The unpredictability of an equine's reaction to things as sounds,
sudden movement, and unfamiliar objects, persons, or other animals;
(iv) The potential of a participant to act in a negligent manner
that may contribute to injury to the participant or others, as failing
to maintain control over the equine or not acting within his or her ability.
(7) "Participant" means any person, whether amateur or professional,
who engages in an equine activity, whether or not a fee is paid to participate
in the equine activity.
§ 4-21-2
General provisions.
Except as provided in § 4-21-3, an equine activity sponsor,
an equine professional, or any other person, which shall include a corporation
or partnership, shall not be liable for an injury to or the death of a
participant resulting from the inherent risks of equine activities unless
the equine activity sponsor, professional or other person are demonstrated
to have failed to exercise due care under the circumstances towards the
participant and, except as provided in § 4-21-3, no participant nor
any participant's representative shall make any claim against, maintain
an action against, or recover from an equine activity sponsor, an equine
professional, or any other person for injury, loss, damage, or death of
the participant resulting from any of the inherent risks of equine activities
unless this equine activity sponsor, professional or other person shall
be demonstrated to have failed to exercise due care under the circumstances
towards the participant.
§ 4-21-3
Exceptions.
(a) This chapter does not apply to horse racing meetings to which
chapter 3 of title 41 is applicable.
(b) Nothing in § 4-21-2 prevents or limits the liability of
an equine activity sponsor, an equine professional, or any other person
if the equine activity sponsor, equine professional, or person:
(1) Provided the equipment or tack, and knew or should have known
that the equipment or tack was faulty, and the equipment or tack was faulty
to the extent that it did cause the injury; or
(B) Provided the equine and failed to make reasonable and prudent
efforts to determine the ability of the participant to engage safely in
the equine activity, and determine the ability of the participant to safely
manage the particular equine based on the participant's representations
of his or her ability;
(2) Owns, leases, rents, has authorized use of, or is otherwise
in lawful possession and control of the land, or facilities upon which
the participant sustained injuries because of a dangerous condition which
was known or should have been known to the equine activity sponsor, equine professional, or person;
(3) Commits an act of omission that constitutes willful or wanton
disregard for the safety of the participant, and that act of omission caused
the injury; or
§ 4-21-4
Posting and notification.
(a) Every equine professional shall post and maintain signs which
contain the warning notice specified in subsection (b). These signs shall
be placed in a clearly visible location in the proximity of the equine
activity. The warning notice specified in subsection (b) shall appear on
the sign in black letters, with each letter to be a minimum of one inch
in height. Every written contract entered into by an equine professional
for the providing of professional services, instruction, or the rental
of equipment or tack or an equine to a participant, whether or not the
contract involves equine activities on or off the location or site of the
equine professional's business, shall contain in clearly readable print
the warning notice specified in subsection (b).
(b) The signs and contracts described in subsection (a) shall contain
the following warning notice:
WARNING
Under Rhode Island Law, an equine professional, unless he or
she can be shown to have failed to be in the exercise of due care, is not
liable for an injury to, or the death of, a participant in equine activities
resulting from the inherent risks of equine activities, pursuant to this
chapter.
