Hauling Release and Waiver - Horse Equine Forms
West Virginia Equine Activity Statutes
§20-4-1
Legislative Purpose.
The Legislature finds that equestrian activities
are engaged in by a large number of citizens of West Virginia and that
such activities also attract to West Virginia a large number of nonresidents,
significantly contributing to the economy of West Virginia. Since it is
recognized that there are inherent risks in equestrian activities which
should be understood by participants therein and which are essentially
impossible for the operators of equestrian businesses to eliminate, it
is the purpose of this article to define those areas of responsibility
and those affirmative acts for which the operators of equestrian businesses
shall be liable for loss, damage or injury suffered by participants, and to
further define those risks which the participants expressly assume and
for which there can be no recovery.
§20-4-2
Definitions.
In this article, unless a different meaning
plainly is required:
(1) "Equestrian activity" means any sporting
event or other activity involving a horse or horses, including, but not
limited to:
(A) Shows, fairs, competitions, performances
or parades;
(B) Any of the equine disciplines such as
dressage, hunter and jumper shows, grand prix jumping, three day events,
combined training, rodeos, driving, western games and hunting;
(C) Rides, trips or hunts;
(D) Riding classes, therapeutic riding programs,
school and college sponsored classes and programs, or other classes in
horsemanship;
(2) "Horseman" or "operator of a horseman's business"
means any individual, sole proprietorship, partnership, association, public
or private corporation, the United States or any federal agency, this state
or any political subdivision of this state, and any other legal entity
which engages, with or without compensation, in organizing, promoting,
presenting or providing equestrian activities or in providing facilities
for equestrian activities.
(3) "Horse" means each animal of the horse
kind, in every class or breed of horses, and, without limitation or exception,
all members of the genus Equus and family Equidae.
(4)"Participant" means any person
using the services or facilities of a horseman so as to be directly involved
in an equestrian activity.
§20-4-3
Duties of horsemen.
Every horseman shall:
(1) Make reasonable and prudent efforts to
determine the ability of a participant to safely engage in the equestrian
activity, to determine the ability of the horse to behave safely with the
participant, and to determine the ability of the participant to safely
manage, care for and control the particular horse involved;
(2) Make known to any participant any dangerous
traits or characteristics or any physical impairments or conditions related
to a particular horse which is involved in the equestrian activity of which
the horseman knows or through the exercise of due diligence could know;
(3) Make known to any participant any dangerous
condition as to land or facilities under the lawful possession and control
of the horseman of which the horseman knows or through the exercise of
due diligence could know, by advising the participant in writing or by
conspicuously posting warning signs upon the premises;
(4) In providing equipment or tack to a participant,
make reasonable and prudent efforts to inspect such equipment or tack to
assure that it is in proper working condition and safe for use in the equestrian
activity;
(5) Prepare and present to each participant
or prospective participant, for his or her inspection and signature, a
statement which clearly and concisely explains the liability limitations,
restrictions and responsibilities set forth in this article.
§20-4-4
Duties of participants.
It is recognized that equestrian activities
are hazardous to participants, regardless of all feasible safety measures
which can be taken.
Each participant in an equestrian 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 equestrian activity. Each participant shall have the sole individual
responsibility for knowing the range of his or her own ability to manage,
care for, and control a particular horse or perform a particular equestrian
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 horse or horses at all times while participating in an
equestrian activity, to heed all posted warnings, to perform equestrian
activities only in an area or in facilities designated by the horseman
and to refrain from acting in a manner which may cause or contribute to
the injury of anyone. If while actually riding in an equestrian event,
any participant collides with any object or person, except an obviously
intoxicated person of whom the horseman is aware, or if the participant
falls from the horse or from a horse-drawn conveyance, the responsibility
for such collision or fall shall be solely that of the participant or participants
involved and not that of the horseman.
A participant involved in an accident shall
not depart from the area or facility where the equestrian activity took
place without leaving personal identification, including name and address,
or without notifying the proper authorities, or without obtaining assistance
when that person knows or reasonably should know that any other person
involved in the accident is in need of medical or other assistance.
§20-4-5
Liability of horsemen.
(a) A horseman shall be liable for injury,
loss or damage caused by failure to follow the duties set forth in section
three of this article where the violation of duty is causally related to
the injury, loss or damage suffered. A horseman shall not be liable for
any injury, loss or damage caused by the negligence of any person who is
not an agent or employee of such horseman.
(b) A horseman shall be liable for acts or
omissions which constitute gross negligence or willful and wanton conduct
which is the proximate cause of injury to a participant.
(c) A horseman shall be liable for an intentional
injury which he or she inflicts upon a participant.
(d) Every horseman shall carry public liability
insurance in limits of no less than one hundred thousand dollars per person,
three hundred thousand dollars per occurrence and ten thousand dollars
for property damage.
§20-4-6
Liability of participants.
Any participant shall be liable for injury,
loss or damage resulting from violations of the duties set forth in section
four of this article.
§20-4-7
Applicability of article.
The provisions of this article do not apply
to the horse racing industry that is regulated by the provisions of article
twenty-three, chapter nineteen of this code.
