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Arkansas
ARKANSAS CODE OF 1987 ANNOTATED
Amended in 1995. Amendments in ALL CAPS
TITLE 16. PRACTICE, PROCEDURE, AND COURTS
SUBTITLE 7. PARTICULAR PROCEEDINGS AND REMEDIES
CHAPTER 120. IMMUNITY FROM TORT LIABILITY
SUBCHAPTER 2. EQUINE ACTIVITIES
Ark. Stat. Ann. s 16-120-201 (1993)
s 16-120-201. Definitions
As used in this subchapter, unless the context otherwise requires:
(1) "Equine" means a horse, pony, mule, donkey, or hinny;
(2) "Equine activity" means:
(A) 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, three-day
events, combined training, rodeos, pulling, cutting, polo,
steeple chasing, endurance trail riding and western games,
and hunting;
(B) Equine training and teaching activities;
(C) Boarding equines;
(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; and
(E) Rides, hunts, or other equine activities of any type however
informal or impromptu.
(3) "EQUINE ACTIVITY SPONSOR" MEANS AN INDIVIDUAL,
GROUP, CLUB, PARTNERSHIP OR CORPORATION, WHETHER NONPROFIT
OR OPERATING FOR PROFIT, WHICH SPONSORS, ORGANIZES OR PROVIDES
FACILITIES FOR AN EQUINE ACTIVITY.
(4) "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.
Ark. Stat. Ann. s 16-120-202 (1993)
s 16-120-202. Liability
(1) EXCEPT AS PROVIDED IN SUBDIVISION (2) OF THIS SECTION, AN
EQUINE ACTIVITY SPONSOR OR EMPLOYEE OF AN EQUINE ACTIVITY
SPONSOR SHALL NOT BE LIABLE FOR AN INJURY TO OR THE DEATH
OF A PARTICIPANT RESULTING FROM THE INHERENT RISKS OF EQUINE
ACTIVITIES.
(2) NOTHING IN SUBDIVISION (1) OF THIS SECTION SHALL PREVENT
OR LIMIT THE LIABILITY OF AN EQUINE ACTIVITY SPONSOR OR
EMPLOYEE OF AN EQUINE ACTIVITY SPONSOR WHO:
(A)(I) 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 INJURY.
(II) PROVIDED THE EQUINE ANIMAL AND FAILED TO MAKE REASONABLE
AND PRUDENT EFFORTS TO DETERMINE THE ABILITY OF THE PARTICIPANT
TO ENGAGE SAFELY IN THE EQUINE ACTIVITY, OR TO DETERMINE
THE ABILITY OF THE PARTICIPANT TO ENGAGE SAFELY IN THE EQUINE
ACTIVITY AND TO SAFELY MANAGE THE PARTICULAR EQUINE BASED
ON THE PARTICIPANT'S
REPRESENTATION OF HIS ABILITY.
(B) OWNS, LEASES, RENTS, OR OTHERWISE IS UNLAWFUL POSSESSION
AND CONTROL OF THE LAND OR FACILITIES UPON WHICH THE PARTICIPANT
SUSTAINED INJURY BECAUSE OF A DANGEROUS LATENT CONDITION
WHICH WAS KNOWN OR SHOULD HAVE BEEN KNOWN TO THE EQUINE
ACTIVITY SPONSOR OR TO AN EMPLOYEE OF THE SPONSOR AND FOR
WHICH WARNING SIGNS HAVE NOT BEEN CONSPICUOUSLY POSTED.
(C) 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.
(D) INTENTIONALLY INJURES THE PARTICIPANT.
(3) NOTHING IN SUBDIVISION (1) OF THIS SECTION SHALL PREVENT
OR LIMIT THE LIABILITY OF AN EQUINE ACTIVITY SPONSOR OR
EMPLOYEE THEREOF UNDER LIABILITY PROVISIONS AS SET FORTH
IN PRODUCTS LIABILITY LAWS.
(4) (A) EVERY EQUINE ACTIVITY SPONSOR SHALL POST AND MAINTAIN
SIGNS WHICH CONTAIN THE WARNING NOTICE SPECIFIED IN SUBDIVISION
(B) OF THIS SECTION. SUCH SIGNS SHALL BE PLACED IN A CLEARLY
VISIBLE LOCATION ON OR NEAR STABLES, CORRALS OR ARENAS WHERE
THE EQUINE ACTIVITY SPONSOR CONDUCTS EQUINE ACTIVITIES.
THE WARNING NOTICE SPECIFIED IN SUBDIVISION (B) OF THIS
SECTION SHALL APPEAR ON THE SIGN IN BLACK LETTERS, WITH
EACH LETTER TO BE A MINIMUM OF ONE (1) INCH IN HEIGHT.
(B) THE SIGNS DESCRIBED IN SUBDIVISION (A) OF THIS SECTION SHALL
CONTAIN THE FOLLOWING WARNING NOTICE:
"WARNING UNDER ARKANSAS LAW, AN EQUINE ACTIVITY SPONSOR IS NOT LIABLE FOR
AN INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE ACTIVITIES
RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITIES."
HISTORY: Acts 1991, No. 103, s 2; Amended in 1995.
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