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Indiana
Indiana Equine Activity
Statute
WEST'S INDIANA CODE
TITLE 34. CIVIL PROCEDURE
ARTICLE 6. DEFINITIONS
CHAPTER 2. DEFINITIONS
34-6-2-40. "Equine"
Sec. 40. "Equine", for purposes of IC 34-31-5, means
a horse, pony, mule, donkey, or hinny.
34-6-2-41. "Equine activity"
Sec. 41. (a) "Equine activity", for purposes of
IC 34-31-5, includes the following:
(1) Equine shows, fairs, competitions, performances, or parades
that involve equines and any of the equine disciplines, including
dressage, hunter and jumper horse shows, grand prix jumping,
three (3) day events, combined training, rodeos, driving,
pulling, cutting, polo, steeplechasing, English and western
performance riding, endurance trail riding and western games,
and hunting.
(2) Equine training or teaching activities.
(3) Boarding equines.
(4) Riding, driving, inspecting, or evaluating an equine,
whether or not monetary consideration or anything of value
is exchanged.
(5) Rides, trips, hunts, or other equine activities of any
type (even if informal or impromptu) that are sponsored by
an equine activity sponsor.
(6) Placing or replacing horseshoes on an equine.
(b) The term does not include being a spectator at an equine
activity.
34-6-2-42. "Equine activity sponsor"
Sec. 42. "Equine activity sponsor", for purposes
of IC 34-31-5, means a person who sponsors, organizes, or
provides facilities for an equine activity.
34-6-2-43. "Equine professional"
Sec. 43. "Equine professional", for purposes of
IC 34-31-5, means a person who, for compensation:
(1) instructs a participant on riding, driving, or being a
passenger upon an equine;
(2) rents to a participant an equine for the purpose of riding,
driving, or being a passenger upon the equine; or
(3) rents equipment or tack to a participant.
34-6-2-69. "Inherent risks of equine activities"
Sec. 69. "Inherent risks of equine activities" means
the dangers or conditions that are an integral part of equine
activities, including the following:
(1) The propensity of an equine to behave in ways that may
result in injury, harm, or death to persons on or around the
equine.
(2) The unpredictability of an equine's reaction to such things
as sound, sudden movement, unfamiliar objects, people, or
other animals.
(3) Hazards such as surface and subsurface conditions.
(4) Collisions with other equines or objects.
(5) 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 the participant's ability.
34-6-2-95. "Participant"
Sec. 95. "Participant", for purposes of IC 34-31-5,
means a person, whether an amateur or a professional, who
engages in an equine activity, whether or not a fee is paid
to participate in the equine activity.
34-6-2-103. "Person"
Sec. 103. (a) "Person", for purposes of IC 34-14,
has the meaning set forth in IC 34-14-1-13.
(b) "Person", for purposes of IC 34-19-2, has the
meaning set forth in IC 35-41-1.
(c) "Person" for purposes of IC 34-24-1, means:
(1) an individual;
(2) a governmental entity;
(3) a corporation;
(4) a firm;
(5) a trust;
(6) a partnership; or
(7) an incorporated or unincorporated association that exists
under or is authorized by the laws of this state, another
state, or a foreign country.
TITLE 34. CIVIL PROCEDURE
ARTICLE 31. LIMITED LIABILITY
CHAPTER 5. LIMITED LIABILITY ARISING FROM EQUINE ACTIVITIES
34-31-5-1. Immunity from civil liability
Sec. 1. (a) Subject to section 2 of this chapter, an equine
activity sponsor or equine professional is not liable for:
(1) an injury to a participant; or
(2) the death of a participant;
resulting from an inherent risk of equine activities.
(b) Subject to section 2 of this chapter, a participant or
participant's representative may not:
(1) make a claim against;
(2) maintain an action against;
(3) or recover from:
an equine activity sponsor or equine professional for injury,
loss, damage, or death of the participant resulting from an
inherent risk of equine activities.
34-31-5-2. Exceptions to immunity for certain acts or omissions
Sec. 2. (a) This section does not apply to the horse racing
industry.
(b) Section 1 of this chapter does not prevent or limit the
liability of an equine activity sponsor or an equine professional:
(1) who:
(A) provided equipment or tack that was faulty and that caused
the injury; and
(B) knew or should have known that the equipment or tack was
faulty;
(2) who provided the equine and failed to make reasonable
and prudent efforts based on the participant's representations
of the participant's ability to:
(A) determine the ability of the participant to engage safely
in the equine activity; and
(B) determine the ability of the participant to safely manage
the particular equine;
(3) who:
(A) was in lawful possession and control of the land or facilities
on which the participant sustained injuries; and
(B) knew or should have known of the dangerous latent condition
that caused the injuries;
if warning signs concerning the dangerous latent condition
were not conspicuously posted on the land or in the facilities;
(4) who committed an act or omission that:
(A) constitutes reckless disregard for the safety of the participant;
and
(B) caused the injury; or
(5) who intentionally injured the participant.
(c) Section 1 of this chapter does not prevent or limit the
liability of an equine activity sponsor or an equine professional
under the product liability laws.
34-31-5-3. Posting and maintenance of warning notice sign
Sec. 3. (a) This chapter does not apply unless an equine activity
sponsor or an equine professional posts and maintains in at
least one (1) location on the grounds or in the building that
is the site of an equine activity a sign on which is printed
the warning notice set forth in section 5 of this chapter.
(b) A sign referred to in subsection (a) must be placed in
a clearly visible location in proximity to the equine activity.
(c) The warning notice on a sign referred to in subsection
(a) must be printed in black letters, and each letter must
be at least one (1) inch in height.
34-31-5-4. Warning notice required in written contracts
Sec. 4. (a) If there is a written contract, this chapter does
not apply unless the written contract entered into by an equine
professional for:
(1) the providing of professional services;
(2) the providing of instruction; or
(3) the rental of:
(A) equipment or tack; or
(B) an equine;
to a participant contains in clearly readable print the warning
notice set forth in section 5 of this chapter.
(b) The warning notice required by subsection (a) must be
included in a written contract described in subsection (a)
whether or not the contract involves equine activities on
or off the location or site of the equine professional's business.
34-31-5-5. Contents of Warning notice
Sec. 5. The warning notice that must be printed on a sign
under section 3 of this chapter and included in a written
contract under section 4 of this chapter is as follows:
WARNING
Under Indiana 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.
Enacted in 1995, amended in 1998.
Reviewed by AAHS in April 2001.
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