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Nevada

Nevada Senate Bill No. 129

CHAPTER..........

AN ACT relating to civil liability; limiting the civil liability of certain persons for injuries or death resulting from certain inherent risks of equine activities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Section 1 of this bill provides immunity from civil liability to certain persons for an injury or death resulting from an inherent risk of an equine activity under certain circumstances.

Existing law provides that certain nonprofit entities are not immune from civil liability for injury or death arising out of their activities under certain circumstances. Existing law also provides immunity from personal civil liability to certain persons acting in their official capacity for certain nonprofit entities under certain circumstances. (NRS 41.480) Section 2 of this bill provides immunity from civil liability to those persons and nonprofit entities for causes of action for injury or death resulting from an inherent risk of an equine activity under certain circumstances.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted materialis material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a sponsor, anvequine professional, a veterinarian or any other person is immune from civil liability for an injury to or the death of a participant asva result of an inherent risk of an equine activity.

2. A participant shall:

(a) Act in a safe and responsible manner when engaged in anvequine activity; and

(b) Before engaging in an equine activity, know and be aware of the inherent risks of that activity.

3. A person is not immune from civil liability pursuant to this section if the person:

 (a) Provided to the participant defective tack or otherequipment that caused the injury or death of the participant and the person knew or should have known of the defective condition of the tack or equipment.

  (b) Provided to the participant the equine upon or around which the injury or death occurred without making reasonable efforts to determine the ability of the participant to:

 (1) Engage in the equine activity safely; and

(2) Control the equine based upon a representation made to

the person by the participant concerning the ability of the

participant to control that equine.

(c) Owns, leases, rents or is otherwise in lawful possession and control of the property or facility where the injury or death occurred if the injury or death was the result of a dangerous latent condition that was known or should have been known to the

person.

(d) Committed an act or omission that:

(1) Was in willful or wanton disregard for the safety of the participant; and

(2) Caused the injury or death of the participant.

(e) Intentionally injured or caused the death of the participant.

(f) Failed to act responsibly while conducting an equine activity or maintaining an equine.

4. A person is not immune from civil liability pursuant to this section in an action for product liability.

5. As used in this section:

(a) “Equine” means a horse, pony, mule, hinny or donkey.

(b) “Equine activity” means an activity in which an equine is

ridden, driven or otherwise used. The term includes, without

limitation:

(1) Shows, fairs, competitions, performances, parades, rodeos, cutting events, polo matches, steeplechases, endurance rides, trail rides or packing or hunting trips.

(2) Lessons, training or other instructional activities.

(3) Boarding an equine.

(4) Riding, inspecting, evaluating or allowing the use of an equine owned by another person, regardless of whether the owner of the equine receives money or other consideration for the use of the equine.

(5) Providing medical treatment for an equine.

(6) Placing or measuring gear or tack on an equine.

(7) Placing or replacing shoes on an equine.

The term does not include a race for which a license is required pursuant to the provisions of chapter 466 of NRS.

(c) “Equine professional” means a person who, for money or other co



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