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Colorado
13-21-119 - Equine activities - llama activities - legislative
declaration - exemption from civil liability.
(1) The general assembly recognizes that persons who participate
in equine activities or llama activities may incur injuries
as a result of the risks involved in such activities. The
general assembly also finds that the state and its citizens
derive numerous economic and personal benefits from such activities.
It is, therefore, the intent of the general assembly to encourage
equine activities and llama activities by limiting the civil
liability of those involved in such activities.
(2) As used in this section, unless the context otherwise
requires:
(a) "Engages in a llama activity" means riding,
training, assisting in medical treatment of, driving, or
being a passenger upon a llama, whether mounted or unmounted
or any person assisting a participant or show management.
The term "engages in a llama activity" does not
include being a spectator at a llama activity, except in
cases where the spectator places himself in an unauthorized
area and in immediate proximity to the llama activity.
(a.5) "Engages in an equine activity" means riding,
training, 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 "engages in an equine activity" does
not include being a spectator at an equine activity, except
in cases where the spectator places himself in an unauthorized
area and in immediate proximity to the equine activity.
(b) "Equine" means a horse, pony, mule, donkey,
or hinny.
(c) "Equine activity" means:
(I) 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, driving, pulling,
cutting, polo, steeplechasing, English and western performance
riding, endurance trail riding and western games, and hunting;
(II) Equine training or teaching activities or both;
(III) Boarding equines;
(IV) 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;
(V) Rides, trips, hunts, or other equine activities of any
type however informal or impromptu that are sponsored by
an equine activity sponsor; and
(VI) Placing or replacing horseshoes on an equine.
(d) "Equine activity sponsor" means an 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 but not limited to: 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 but not limited to stables, clubhouses, ponyride
strings, fairs, and arenas at which the activity is held.
(e) "Equine professional" means a person engaged
for compensation:
(I) In instructing a participant or renting to a participant
an equine for the purpose of riding, driving, or being a
passenger upon the equine; or
(II) In renting equipment or tack to a participant.
(f) "Inherent risks of equine activities" and
"inherent risks of llama activities" means those
dangers or conditions which are an integral part of equine
activities or llama activities, as the case may be, including,
but not limited to:
(I) The propensity of the animal to behave in ways that
may result in injury, harm, or death to persons on or around
them;
(II) The unpredictability of the animal's reaction to such
things as sounds, sudden movement, and unfamiliar objects,
persons, or other animals;
(III) Certain hazards such as surface and subsurface conditions;
(IV) Collisions with other animals or objects;
(V) 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 his or her ability.
(f.1) "Llama" means a South American camelid which
is an animal of the genus lama, commonly referred to as
a "one llama", including llamas, alpacas, guanacos,
and vicunas.
(f.2) "Llama activity" means:
(I) Llama shows, fairs, competitions, performances, packing
events, or parades that involve any or all breeds of llamas;
(II) Using llamas to pull carts or to carry packs or other
items;
(III) Using llamas to pull travois-type carriers during
rescue or emergency situations;
(IV) Llama training or teaching activities or both;
(V) Taking llamas on public relations trips or visits to
schools or nursing homes;
(VI) Participating in commercial packing trips in which
participants pay a llama professional to be a guide on a
hike leading llamas;
(VII) Boarding llamas;
(VIII) Riding, inspecting, or evaluating a llama belonging
to another, whether or not the owner has received some monetary
consideration or other thing of value for the use of the
llama or is permitting a prospective purchaser of the llama
to ride, inspect, or evaluate the llama;
(IX) Using llamas in wool production;
(X) Rides, trips, or other llama activities of any type
however informal or impromptu that are sponsored by a llama
activity sponsor; and
(XI) Trimming the nails of a llama.
(f.3) "Llama activity sponsor" means an 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, a llama
activity, including but not limited to: Llama 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 llama facilities,
including but not limited to stables, clubhouses, fairs,
and arenas at which the activity is held.
(f.4) "Llama professional" means a person engaged
for compensation:
(I) In instructing a participant or renting to a participant
a llama for the purpose of riding, driving, or being a passenger
upon the llama; or
(II) In renting equipment or tack to a participant.
(g) "Participant" means any person, whether amateur
or professional, who engages in an equine activity or who
engages in a llama activity, whether or not a fee is paid
to participate in such activity.
(3) Except as provided in subsection (4) of this section,
an equine activity sponsor, an equine professional, a llama
activity sponsor, a llama professional, a doctor of veterinary
medicine, or any other person, which shall include a corporation
or partnership, shall not be liable for an injury to or
the death of a participant resulting from the inherent risks
of equine activities, or from the inherent risks of llama
activities and, except as provided in subsection (4) of
this section, no participant nor participant's representative
shall make any claim against, maintain an action against,
or recover from an equine activity sponsor, an equine professional,
a llama activity sponsor, a llama professional, a doctor
of veterinary medicine, or any other person for injury,
loss, damage, or death of the participant resulting from
any of the inherent risks of equine activities or resulting
from any of the inherent risks of llama activities.
(4) (a) This section shall not apply to the horse racing
industry as regulated in article 60 of title 12, C.R.S.
(b) Nothing in subsection (3) of this section shall prevent
or limit the liability of an equine activity sponsor, an
equine professional, a llama activity sponsor, a llama professional,
or any other person if the equine activity sponsor, equine
professional, llama activity sponsor, llama professional,
or person:
(I) (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 animal and failed to make reasonable and
prudent efforts to determine the ability of the participant
to engage safely in the equine activity or llama activity
and determine the ability of the participant to safely manage
the particular animal based on the participant's representations
of his ability;
(II) 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,
llama activity sponsor, llama professional, or person and
for which warning signs have not been conspicuously posted;
(III) 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;
(IV) Intentionally injures the participant.
(c) Nothing in subsection (3) of this section shall prevent
or limit the liability of an equine activity sponsor, equine
professional, llama activity sponsor, or llama professional:
(I) Under liability provisions as set forth in the products
liability laws; or
(II) Under liability provisions in section 35-46-102, C.R.S.
(5) (a) Every equine professional shall post and maintain
signs which contain the warning notice specified in paragraph
(b) of this subsection (5). Such signs shall be placed in
a clearly visible location on or near stables, corrals,
or arenas where the equine professional conducts equine
activities if such stables, corrals, or arenas are owned,
managed, or controlled by the equine professional. The warning
notice specified in paragraph (b) of this subsection (5)
shall appear on the sign in black letters, with each letter
to be a minimum of one inch in height. Every 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
specified in paragraph (b) of this subsection (5).
(b) The signs and contracts described in paragraph (a) of
this subsection (5) shall contain the following warning
notice:
WARNING
Under Colorado 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 section 13-21-119, Colorado Revised Statutes.
(6) (a) Every llama professional shall post and maintain
signs which contain the warning notice specified in paragraph
(b) of this subsection (6). Such signs shall be placed in
a clearly visible location on or near stables, corrals,
pens, or arenas where the llama professional conducts llama
activities if such stables, corrals, pens, or arenas are
owned, managed, or controlled by the llama professional.
The warning notice specified in paragraph (b) of this subsection
(6) shall appear on the sign in black letters, with each
letter to be a minimum of one inch in height. Every written
contract entered into by a llama professional for the providing
of professional services, instruction, or the rental of
equipment or tack or a llama to a participant, whether or
not the contract involves llama activities on or off the
location or site of the llama professional's business, shall
contain in clearly readable print the warning notice specified
in paragraph (b) of this subsection (6).
(b) The signs and contracts described in paragraph (a) of
this subsection (6) shall contain the following warning
notice:
WARNING
Under Colorado Law, a llama professional is not liable for
an injury to or the death of a participant in llama activities
resulting from the inherent risks of llama activities, pursuant
to section 13-21-119, Colorado Revised Statutes.
Source: L. 90: Entire section added, p. 870, § 1, effective
July 1. L. 92: Entire section amended, p. 283, § 1,
effective March 16; (3) amended, p. 268, § 1, effective
April 9. Editor's note: (1) This section was enacted by
Senate Bill 90-84, Session Laws of Colorado 1990, chapter
108, as § 13-21-120 but was renumbered on revision
for ease of location.
(2) Amendments to this section by House Bill 92-1064 and
Senate Bill 92-58 were harmonized.
Law reviews. For article, "Recreational Use Of Agricultural
Lands", see 23 Colo. Law. 529 (1994).
Defendant was not granted limited immunity under this section
because according to subsection (4)(b)(I)(A) it provided
the faulty equipment which caused plaintiff's injury, and
it was unclear whether defendant knew the equipment was
faulty. Day v. Snowmass Stables, Inc., 810 F. Supp. 289
(D. Colo. 1993).
Because every equine release agreement limiting liability
must contain the mandatory warning under this section, the
insertion of a broader clause further limiting liability
does not make the agreement ambiguous per se. B & B
Livery, Inc. v. Riehl, 960 P.2d 134 (Colo. 1998).
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