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Iowa
673.1 Definitions.
1. "Claim" means a claim, counterclaim, cross-claim,
complaint, or cause of action recognized by the Iowa rules
of civil procedure and brought in court on account of damage
to or loss of property or on account of personal injury or
death.
2."Domesticated animal" means an animal commonly
referred to as a bovine, swine, sheep, goat, domesticated
deer, llama, poultry, rabbit, horse, pony, mule, jenny,
donkey, or hinny.
3. "Domesticated animal activity" means any of the
following:
a. Riding or driving a domesticated animal.
b. Riding as a passenger on a vehicle powered by a domesticated animal.
c. Teaching or training a person to ride or drive a domesticated
animal or a vehicle powered by a domesticated animal.
d. Participating in an activity sponsored by a domesticated
animal activity sponsor.
e. Participating or assisting a participant in a domesticated
animal event.
f. Managing or assisting in managing a domesticated animal
in a domesticated animal event.
g. Inspecting or assisting an inspection of a domesticated
animal for the purpose of purchase.
h. Providing hoof care including, but not limited to, horseshoeing.
i. Providing or assisting in providing veterinary care to a
domesticated animal.
j. Boarding or keeping a domesticated animal, by the owner
of the domesticated animal or on behalf of another person.
k. Loading, hauling, or transporting a domesticated animal.
l. Breeding domesticated animals.
m. Participating in racing.
n. Showing or displaying a domesticated animal.
4. "Domesticated animal activity sponsor" means a
person who owns, organizes, manages, or provides facilities
for a domesticated animal activity, including, but not limited
to, any of the following:
a. Clubs involved in riding, hunting, competing, or performing.
b. Youth clubs, including 4-H clubs.
c. Educational institutions.
d. Owners, operators, instructors, and promoters of a domesticated
animal event or domesticated animal facility, including,
but not limited to, stables, boarding facilities, clubhouses,
rides, fairs, and arenas.
e. Breeding farms.
f. Training farms.
5. "Domesticated animal event" means an event in
which a domesticated animal activity occurs, including,
but not limited to, any of the following:
a. A fair.
b. A rodeo.
c. An exposition.
d. A show.
e. A competition.
f. A 4-H event.
g. A sporting event.
h. An event involving driving, pulling, or cutting.
i. Hunting.
j. An equine event or discipline including, but not limited
to, dressage, a hunter or jumper show, polo, steeplechasing,
English or western performance riding, a western game, or
trail riding.
6. "Domesticated animal professional" means a person
who receives compensation for engaging in a domesticated
animal activity by doing one of the following:
a. Instructing a participant.
b. Renting the use of a domesticated animal to a participant
for the purposes of riding, driving, or being a passenger
on a domesticated animal or a vehicle powered by a domesticated
animal.
c. Renting equipment or tack to a participant.
7. "Inherent risks of a domesticated animal activity"
means a danger or condition which is an integral part of
a domesticated animal activity, including, but not limited
to, the following:
a. The propensity of a domesticated animal to behave in a manner
that is reasonably foreseeable to result in damages to property,
or injury or death to a person.
b. Risks generally associated with an activity which may include
injuries caused by bucking, biting, stumbling, rearing,
trampling, scratching, pecking, falling, kicking, or butting.
c. The unpredictable reaction by a domesticated animal to unfamiliar
conditions, including, but not limited to, a sudden movement;
loud noise; an unfamiliar environment; or the introduction
of unfamiliar persons, animals, or objects.
d. A collision by the domesticated animal with an object or animal.
e. The failure of a participant to exercise reasonable care,
take adequate precautions, or use adequate control when
engaging in the activity, including failing to maintain
reasonable control or failing to act in a manner consistent
with the person's abilities.
8. "Participant" means a person who engages in a
domesticated animal activity, regardless of whether the
person receives compensation.
9. "Spectator" means a person who is in the vicinity
of a domesticated animal activity, but who is not a participant.
Section History: Recent form
97 Acts, ch 61, §1
IOWA CODE ANNOTATED
673.2. Liability
A person, including a domesticated animal professional,
domesticated animal activity sponsor, the owner of the domesticated
animal, or a person exhibiting the domesticated animal,
is not liable for the damages, injury, or death suffered
by a participant or spectator resulting from the inherent
risks of a domesticated animal activity. This section shall
not apply to the extent that the claim for damages, injury,
or death is caused by any of the following:
1. An act committed intentionally, recklessly, or while
under the influence of an alcoholic beverage or other drug
or a combination of such substances which causes damages,
injury, or death.
2. The use of equipment or tack used in the domesticated
animal activity which the defendant provided to a participant,
if the defendant knew or reasonably should have known that
the equipment or tack was faulty or defective.
3. The failure to notify a participant of a dangerous latent
condition on real property in which the defendant holds
an interest, which is known or should have been known. The
notice may be made by posting a clearly visible warning
sign on the property.
4. A domesticated animal activity which occurs in a place
designated or intended by an animal activity sponsor as
a place for persons who are not participants to be present.
5. A domesticated animal activity which causes damages,
injury, or death to a spectator who is in a place where
a reasonable person who is alert to inherent risks of domestic
animal activities would not expect a domesticated animal
activity to occur.
673.3. Notice required
A domesticated animal professional shall post and maintain
a sign on real property in which the professional holds
an interest, if the professional conducts domesticated animal
activities on the property. The location of the sign may
be near or on a stable, corral, or arena owned or controlled
by the domesticated animal professional. The sign must be
clearly visible to a participant. This section does not
require a sign to be posted on a domesticated animal or
a vehicle powered by a domesticated animal. The notice shall
appear in black letters a minimum of one inch high and in
the following form:
WARNING
UNDER IOWA LAW, A DOMESTICATED ANIMAL PROFESSIONAL IS NOT
LIABLE FOR DAMAGES SUFFERED BY, AN INJURY TO, OR THE DEATH
OF A PARTICIPANT RESULTING FROM THE INHERENT RISKS OF DOMESTICATED
ANIMAL ACTIVITIES, PURSUANT TO IOWA CODE CHAPTER 673. YOU
ARE ASSUMING INHERENT RISKS OF PARTICIPATING IN THIS DOMESTICATED
ANIMAL ACTIVITY.
If a written contract is executed between a domesticated
animal professional and a participant involving domesticated
animal activities, the contract shall contain the same notice
in clearly readable print. In addition, the contract shall
include the following disclaimer:
A number of inherent risks are associated with a domesticated
animal activity. A domesticated animal may behave in a manner
that results in damages to property or an injury or death
to a person. Risks associated with the activity may include
injuries caused by bucking, biting, stumbling, rearing,
trampling, scratching, pecking, falling, or butting.
The domesticated animal may react unpredictably to conditions,
including, but not limited to, a sudden movement, loud noise,
an unfamiliar environment, or the introduction of unfamiliar
persons, animals, or objects.
The domesticated animal may also react in a dangerous manner
when a condition or treatment is considered hazardous to
the welfare of the animal; a collision occurs with an object
or animal; or a participant fails to exercise reasonable
care, take adequate precautions, or use adequate control
when engaging in a domesticated animal activity, including
failing to maintain reasonable control of the animal or
failing to act in a manner consistent with the person's
abilities.
Enacted in 1997.
Reviewed by AAHS in April 2001.
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