Trainer's Facility Use Agreement - Horse Equine Forms
New Hampshire Equine Activity Statutes
508:19
Liability; Equine Activities.
I. In this section:
(a) "Engages in an equine activity" means rides or drives
an equine; or assists in medical treatment of an equine; or is a passenger
upon an equine; or is a passenger in a vehicle drawn by an equine; or trains,
whether mounted or unmounted, an equine; or who is involved in event management.
The term "engages in an equine activity" does not include being a spectator
at an equine activity, except in cases where the spectator is in an unauthorized
area and in immediate proximity to the equine activity.
(b) "Equine" means a horse, pony, mule, donkey, or hinny.
(1) Equine shows, fairs, competitions, performances, or
parades 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, 3-day events, combined training, rodeos,
driving, pulling, cutting, polo, steeple chasing, hunting, english and
western performance riding, endurance riding, games, and eventing.
(4) Riding, inspecting, or evaluating 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.
(5) Rides, trips, hunts, field trials, or other equine activities
of any type, however informal or impromptu, that are sponsored by an equine
activity sponsor.
(d) "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 for, equine activities,
including, but not limited to, pony clubs, 4-H clubs, field trial clubs,
hunt clubs, riding clubs, school and college sponsored classes, programs
and activities, therapeutic riding programs, stables, clubhouses, pony
ride strings, fairs, and arenas at which the activity is held.
(f) "Inherent risks of equine activities" means those dangers and conditions
which are an integral part of equine activities, including, but not limited
to:
(2) The unpredictability of an equine's reaction to such things
as sounds, sudden movements, and unfamiliar objects, persons, or other
animals.
(5) The potential of a participant to act in a negligent manner
that may contribute to injury of the participant or others, such as failing
to maintain control over the animal or not acting within the participant's
ability; except where said negligence can be reasonably foreseen and the
equine professional or sponsor has failed to take any corrective measures.
(g) "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.
II. Except as provided in paragraph III of this section, an equine
activity sponsor, an equine professional, or any other person engaged in
an equine activity, shall not be liable for an injury or the death of a
participant resulting from the inherent risks of equine activities and,
except as provided in paragraph III of this section, no participant's representative
shall make any claim against, maintain an action against, or recover from
any other person for injury, loss, damage, or death of a participant resulting
from any of the inherent risks of equine activities. Each participant in
an equine activity expressly assumes the risk of and legal responsibility
for any injury, loss or damage to person or property which results from
participation in an equine activity. Each participant shall have the sole
responsibility for knowing the range of his or her ability to manage, care
for, and control a particular equine or perform a particular equine activity,
and it shall be the duty of each participant to act within the limits of
the participant's own ability, to maintain reasonable control of the particular
equine at all times while participating in an equine activity, to heed
all posted warnings, and to refrain from acting in a manner which may cause
or contribute to the injury of any person.
III. Nothing in paragraph II of this section shall prevent or limit
the liability of an equine activity sponsor, an equine professional, or
any other person engaged in an equine activity, if the equine activity
sponsor, equine professional, or person:
(a) 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; 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.
(c) Owns, leases, rents, or otherwise is in lawful possession and
control of the land or facilities upon which the participant sustained
injuries because of a dangerous latent condition which was known to the
equine activity sponsor, equine professional, or person and for which warning
signs have not been conspicuously posted.
(d) 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.
