Hauling Release and Waiver - Horse Equine Forms
South Dakota Equine Activity Statute
42-11-1
Definition of terms.
Terms used in this chapter mean:
(1) "Engaging in an equine activity," riding, training, racing,
assisting in medical treatment of, driving, or being a passenger upon an
equine, whether mounted or unmounted or any person assisting a participant
or show management. The term does not include being a spectator at an equine
activity, unless the spectator places himself in an unauthorized area and
in immediate proximity to the equine activity;
(2) "Equine," any horse, pony, mule, donkey, or hinny;
(3) "Equine activity,"
(a) Equine shows, fairs, competitions, performances, or parades
that involve any breed of equines and any of the equine disciplines, including
dressage, hunter and jumper horse shows, grand prix jumping, three-day
event, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing,
English and western performance riding, endurance trail riding and western
games, and hunting;
(d) 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;
(e) Rides, trips, hunts, or other equine activities of any
type however informal or impromptu that are sponsored by an equine activity
sponsor; and
(4) "Equine activity sponsor," any 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 an equine activity, including pony clubs, 4-H clubs, hunt clubs, riding
clubs, school and college-sponsored classes, programs and activities, therapeutic
riding programs, and operators, instructors, and promoters of equine facilities,
including stables, clubhouses, ponyride strings, fairs, and arenas at which
the activity is held;
(5) "Equine professional," any person engaged for compensation
in instructing a participant or renting to a participant an equine for
the purpose of riding, driving, racing or being a passenger upon the equine
or engaged in renting equipment or tack to a participant;
(6) "Inherent risks of equine activities," those dangers or
conditions which are an integral part of equine activities, including:
(a) The propensity of the animal to behave in ways that may
result in injury, harm, or death to persons on or around them;
(b) The unpredictability of the animal's reaction to such
things as sounds, sudden movement, and unfamiliar objects, persons, or
other animals;
(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 animal or not acting within the participant's
ability;
(7) "Participant," any person, whether amateur or professional,
who engages in an equine activity, whether or not a fee is paid to participate
in such activity.
42-11-2
Persons exempt from liability.
No equine activity sponsor, equine professional, doctor of veterinary
medicine, or any other person, is liable for an injury to or the death of a
participant resulting from the inherent risks of equine activities.
42-11-3
Conduct not exempt from liability.
Nothing in this chapter 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 other person:
(1) Provides 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 causes the injury;
or provides the animal and fails 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 animal based on the participant's representations
of his ability;
(2) Owns, leases, rents, or otherwise
is in lawful possession and control of the land or facilities upon which
the participant sustains any injury because of a dangerous latent condition
which was known to the equine activity sponsor, equine professional, or person and for which warning signs had not been
conspicuously posted;
(3) Commits an act or omission that
constitutes willful or wanton disregard for the safety of the participant
and that causes the injury;
(4) Intentionally injures the participant.
42-11-4
Warranty or trespass unaffected.
Nothing in this chapter prevents or limits the liability of an equine
activity sponsor or equine professional for any injury involving an equine
if the recovery is made pursuant to warranty or trespass.
42-11-5
Warning signs -- Placement -- Size.
Each equine professional shall post and maintain the following sign:
Under South Dakota law, an equine professional 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 §
42-11-2.
Such signs shall be placed in a clearly visible location on or near
stables, corrals, race tracks, or arenas where the equine professional
conducts equine activities. The warning notice shall appear on the sign
in black letters, with each letter being a minimum of one inch in height. Each 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 provided in this chapter.
