Pre-Purchase Recommendations - Horse Equine Forms
§ 2795.1
Limitation of liability of farm animal activity sponsor or professional;
exceptions; required warning
A. As used in this Section, the following terms shall have the following
meanings, unless the context requires otherwise:
(1) "Engages in a farm animal activity" means riding, training,
providing, or assisting in providing medical treatment of, driving, or
being a passenger upon a farm animal, whether mounted or unmounted, or
any person assisting a participant or show management. The term "engages
in a farm animal activity" does not include being a spectator at a farm
animal activity, except in cases where the spectator places himself in
an unauthorized area and in immediate proximity to the farm animal activity.
(2) "Farm animal" means one or more of the following domesticated
animals: horse, pony, mule, donkey, hinny, cow, ox, sheep, pig, hog, goat,
ratite (ostrich, rhea, emu), and chicken or other fowl.
(3) "Farm animal activity" includes any or all of the following:
(a) A farm animal show, fair, competition, performance,
or parade that involves any or all farm animals, including but not limited
to any dressage, hunter and jumper horse show, grand prix jumping, three-day
event, combined training, rodeo, driving, pulling, cutting, polo, steeplechasing,
English and western performance riding, endurance trail riding, and western
game and hunting.
(b) Training or teaching activities, or both, involving farm animals.
(c) Boarding a farm animal, including daily care.
(d) Riding, inspecting, or evaluating a farm animal belonging to
another, whether or not the owner has received some monetary consideration
or other thing of value for the use of the farm animal or is permitting
a prospective purchaser of the farm animal to ride, inspect, or evaluate
the farm animal.
(e) A ride, trip, hunt, or other farm animal activity of any type,
however informal or impromptu, that is sponsored by a farm animal activity
sponsor.
(f) Placing or replacing horseshoes or trimming the hooves on a
farm animal.
(g) Examining or administering medical treatment to a farm animal
by a veterinarian.
(4) "Farm animal activity sponsor" means an individual, group, club,
partnership, or corporation, whether or not the sponsor is operating for
profit or nonprofit, which sponsors, organizes, or provides the facilities
for a farm animal activity, including but not limited to: a pony club;
4-H club; hunt club; riding club; school and college-sponsored class, program,
and activity; therapeutic riding program; and any operator, instructor,
and promoter of a farm animal facility.
(5) "Farm animal facility" means any area used for any farm animal
activity, including but not limited to a farm, ranch, riding arena, training
stable, barn, pasture, riding trail, show ring, polo field, or other area
or facility used or provided by a farm animal activity sponsor or where
a participant engages in a farm animal activity.
(6) "Farm animal professional" means a person engaged for compensation
in any of the following:
(a) Instructing a participant or renting to a participant
a farm animal for the purpose of riding, driving, or being a passenger
upon the farm animal.
(b) Renting equipment or tack to a participant in a farm animal
activity.
(c) Examining or administering medical treatment to a farm animal
as a veterinarian.
(7) "Inherent risks of farm animal activities" means those dangers
or conditions which are an integral part of a farm animal activity, including
but not limited to:
(a) The propensity of a farm animal to behave in ways that
may result in injury, harm, or death to persons on or around them.
(b) The unpredictability of a farm animal's reaction to such things
as sounds, sudden movement, and unfamiliar objects, persons, or other animals.
(c) Certain hazards such as surface and subsurface conditions.
(d) Collisions with other farm animals or objects.
(e) The potential of a participant to act in a negligent manner
that may contribute to injury to the participant or others, such as failing
to maintain control over the farm animal or not acting within his ability.
(8) "Participant" means any person, whether amateur or professional,
who engages in a farm animal activity, whether or not a fee is paid to
participate in the farm animal activity.
B. Except as provided in Subsection C of this Section, a farm animal
activity sponsor, a farm animal 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 a farm animal activity and, except as provided in Subsection C of this
Section, no participant or participant's representative shall make any
claim against, maintain an action against, or recover from a farm animal
activity sponsor, a farm animal professional, or any other person for injury,
loss, damage, or death of the participant resulting from any of the inherent
risks of farm animal activities.
C. Nothing in Subsection B of this Section shall prevent or limit
the liability of a farm animal activity sponsor, a farm animal professional,
or any other person if the farm animal activity sponsor, farm animal professional,
or person either:
(1) Provided the equipment or tack, and knew or should
have known that the equipment or tack was faulty, and such equipment or
tack was faulty to the extent that it did cause the injury.
(2) Failed to make reasonable and prudent efforts to determine the
ability of the participant to engage safely in the farm animal activity
and to safely manage the particular farm animal based on the participant's
representations of his ability.
(3) Owns, leases, rents, or otherwise is in lawful possession and
control of the land or facility upon which the participant sustained injuries
because of a dangerous latent condition which was known or should have
been known to the farm animal activity sponsor, farm animal professional,
or person and for which warning signs have not been conspicuously posted.
(4) Commits an act or omission that constitutes willful or wanton
disregard for the safety of the participant, and that act or omission caused
the injury.
(5) Intentionally injures the participant.
D. Nothing in Subsection B of this Section shall prevent or limit the
liability of a farm animal activity sponsor or a farm animal professional
under liability provisions as set forth in the "Louisiana Products Liability
Act", R.S. 9:2800.51 through 2800.59.
E. Every farm animal professional and every farm animal activity
sponsor shall post and maintain a sign conspicuously located which contains
the warning notice specified in Subsection F of this Section. The sign
shall be placed in a clearly visible location on or near any stable, corral,
or arena where the farm animal professional or the farm animal activity
sponsor conducts a farm animal activity. The warning notice specified in
Subsection F of this Section 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 a farm animal professional or by a farm animal activity
sponsor for the provision of professional services, instruction, or the
rental of equipment or tack or a farm animal to a participant, whether
or not the contract involves farm animal activities on or off the location
or site of the farm animal professional's or the farm animal activity sponsor's
business, shall contain in clearly readable print the warning notice specified
in Subsection F of this Section.
F. The signs and contracts described in Subsection E of this Section
shall contain the following warning notice:
WARNING
Under Louisiana law, a farm animal activity sponsor or farm animal
professional is not liable for an injury to or the death of a participant
in a farm animal activity resulting from the inherent risks of the farm
animal activity, pursuant to R.S. 9:2795.1.
G. Failure to comply with the requirements concerning warning notices
provided in this Section shall prevent a farm animal activity sponsor or
farm animal professional from invoking the privilege of immunity provided
by this Section.
Acts 1992, No. 351,§ 1; Acts 1999, No. 311,§ 1.
