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Georgia
Georgia Equine Activity Statute
OFFICIAL CODE OF GEORGIA
TITLE 4. ANIMALS
CHAPTER 12. INJURIES FROM EQUINE OR LLAMA ACTIVITIES
§ 4-12-1. Legislative findings.
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. The General Assembly finds,
determines, and declares that this chapter is necessary for
the immediate preservation of the public peace, health, and
safety. 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.
§ 4-12-2 Definitions.
As used in this chapter, the term:
(1) "Engages in a llama activity" means riding,
training, assisting in providing 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 or herself in an unauthorized
area and in immediate proximity to the llama activity.
(2) "Engages in an equine activity" means riding,
training, assisting in providing 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 or herself in an
unauthorized area and in immediate proximity to the equine
activity.
(3) "Equine" means a horse, pony, mule, donkey,
or hinny.
(4) "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, driving, pulling, cutting, polo,
steeplechasing, English and western performance riding, endurance
trail riding and western games, and hunting;
(B) Equine training or teaching activities, or both;
(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;
(E) Rides, trips, hunts, or other equine activities of any
type however informal or impromptu that are sponsored by an
equine activity sponsor;
(F) Placing or replacing horseshoes on an equine; and
(G) Examining or administering medical treatment to an equine
by a veterinarian.
(5) "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.
(6) "Equine professional" means a person engaged
for compensation in:
(A) Instructing a participant or renting to a participant
an equine for the purpose of riding, driving, or being a passenger
upon the equine;
(B) Renting equipment or tack to a participant; or
(C) Examining or administering medical treatment to an equine
as a veterinarian.
(7) "Inherent risks of equine activities" or "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:
(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;
(C) Certain hazards such as surface and subsurface conditions;
(D) Collisions with other animals or objects; and
(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 his or her ability.
(8) "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.
(9) "Llama activity" means:
(A) Llama shows, fairs, competitions, performances, packing
events, or parades that involve any or all breeds of llamas;
(B) Using llamas to pull carts or to carry packs or other
items;
(C) Using llamas to pull travois-type carriers during rescue
or emergency situations;
(D) Llama training or teaching activities or both;
(E) Taking llamas on public relations trips or visits to schools
or nursing homes;
(F) Participating in commercial packing trips in which participants
pay a llama professional to be a guide on a hike leading llamas;
(G) Boarding llamas;
(H) 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;
(I) Using llamas in wool production;
(J) Rides, trips, or other llama activities of any type however
informal or impromptu that are sponsored by a llama activity
sponsor; and
(K) Trimming the nails of a llama.
(10) "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.
(11) "Llama professional" means a person engaged
for compensation:
(A) 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
(B) In renting equipment or tack to a participant.
(12) "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.
§ 4-12-3 Immunity from liability; exceptions.
(a) Except as provided in subsection (b) of this Code section,
an equine activity sponsor, an equine professional, a llama
activity sponsor, a llama professional, 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
(b) of this Code section, no participant or 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, 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.
(b) Nothing in subsection (a) of this Code 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:
(1) (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.
(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 to safely manage the particular animal based on the participant's
representations of his or her ability;
(2) 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 or should have been 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;
(3) 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; or
(4) Intentionally injures the participant.
(c) Nothing in subsection (a) of this Code section shall prevent
or limit the liability of an equine activity sponsor, equine
professional, llama activity sponsor, or llama professional
under liability provisions as set forth in the products liability
laws.
§ 4-12-4. Warning notices
(a) Every equine professional and every equine activity sponsor
shall post and maintain signs which contain the warning notice
specified in subsection (b) of this Code section. Such signs
shall be placed in a clearly visible location on or near stables,
corrals, or arenas where the equine professional or the equine
activity sponsor conducts equine activities. The warning notice
specified in subsection (b) of this Code section 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 or by an equine activity sponsor
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 or
the equine activity sponsor's business, shall contain in clearly
readable print the warning notice specified in subsection
(b) of this Code section.
(b) The signs and contracts described in subsection (a) of
this Code section shall contain the following warning notice:
WARNING
Under Georgia law, an equine activity sponsor or 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 Chapter 12 of Title 4 of the
Official Code of Georgia Annotated.
(c) Failure to comply with the requirements concerning warning
signs and notices provided in this Code section shall prevent
an equine activity sponsor or equine professional from invoking
the privileges of immunity provided by this chapter.
Enacted in 1991, amended in 1995 to add llama activities.
Reviewed by AAHS in March 2001 and June 2003.
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