Hauling Release and Waiver - Horse Equine Forms
604A.12
Livestock activities; immunity from liability.
Subdivision 1. Definitions.
(a) For purposes of this section, the following terms have the meanings
given them.
(b) "Inherent risks of livestock activities" means dangers or conditions
that are an integral part of livestock activities, including:
(1) the propensity of livestock to behave in ways that
may result in death or injury to persons on or around them, such as kicking,
biting, or bucking;
(2) the unpredictability of livestock's reaction to things like
sound, sudden movement, unfamiliar objects, persons, or other animals;
(3) natural hazards such as surface or subsurface conditions; or
(4) collisions with other livestock or objects.
(c) "Livestock" means cattle, sheep, swine, horses, ponies, donkeys,
mules, hinnies, goats, buffalo, llamas, or poultry.
(d) "Livestock activity" means an activity involving the maintenance
or use of livestock, regardless of whether the activity is open to the
general public, provided the activity is not performed for profit. Livestock
activity includes:
(1) livestock production;
(2) loading, unloading, or transporting livestock;
(3) livestock shows, fairs, competitions, performances, races, rodeos,
or parades;
(4) livestock training or teaching activities;
(5) boarding, shoeing, or grooming livestock; or
(6) riding or inspecting livestock or livestock equipment.
(e) "Livestock activity sponsor" means a person who sponsors, organizes,
or provides the facilities for a livestock activity that is open to the
general public.
(f) "Participant" means a person who directly and intentionally
engages in a livestock activity. Participant does not include a spectator
who is in an authorized area.
Subd. 2. Immunity from liability. Except as provided in subdivision
3, a nonprofit corporation, association, or organization, or a person or
other entity donating services, livestock, facilities, or equipment for
the use of a nonprofit corporation, association, or organization, is not
liable for the death of or an injury to a participant resulting from the
inherent risks of livestock activities.
Subd. 3. Exceptions. Subdivision 2 does not apply if any
of the following exist:
(1) the person provided livestock for the participant and
failed to make reasonable efforts to determine the ability of the participant
to safely engage in the livestock activity or to determine the ability
of the participant to safely manage the particular livestock based on the
participant's representations of the participant's ability;
(2) the person provided equipment or tack for the livestock and
knew or should have known that it was faulty to the extent that it caused
the injury or death;
(3) the person owns or leases the land upon which a participant
was injured or died because of a human-made dangerous latent condition
and failed to use reasonable care to protect the participant;
(4) the person is a livestock activity sponsor and fails to comply
with the notice requirement of subdivision 4; or
(5) the act or omission of the person was willful or negligent.
Subd. 4. Posting notice. A livestock activity sponsor shall
post plainly visible signs at one or more prominent locations in the premises
where the livestock activity takes place that include a warning of the
inherent risks of livestock activity and the limitation of liability under
this section.
