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Kansas
60-4001
Chapter 60.--PROCEDURE, CIVIL
Article 40.--ASSUMPTION OF RISK OFDOMESTIC ANIMAL ACTIVITY
60-4001. Definitions. As used in this act:
(a) "Engages in a domestic animal activity" means
riding, training, boarding, loading, hauling, breeding,
racing, providing or assisting in medical treatment of,
driving, or being a passenger upon a domestic animal or
in or on a vehicle pulled or pushed by a domestic animal,
whether mounted or unmounted or any person assisting a participant
or show management. The term "engages in an activity
involving domestic animals" does not include being
a spectator at an activity involving domestic animals, except
in cases where the spectator places the spectator's self
in an unauthorized area and in immediate proximity to the
activity involving domestic animals.
(b) "Domestic animal" means a cow, swine, sheep,
goat, domesticated deer, llama, poultry, rabbit, horse,
pony, mule, jenny, donkey or hinny.
(c) "Domestic animal activity" means, but is not
limited to:
(1) Shows, fairs, competitions, performances or parades
that involve any or all breeds of domestic animals 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, steeple chasing, English and western performance
riding, trail riding, endurance trail riding and western
games, and hunting;
(2) domestic animal training or teaching activities or both;
(3) boarding domestic animals;
(4) riding, inspecting or evaluating domestic animals belonging
to another, whether or not the owner has received some monetary
consideration or other thing of value for the use of the
domestic animals or is permitting a prospective purchaser
of the domestic animals to ride, inspect or evaluate the
domestic animals;
(5) rides, trips, hunts or other domestic animal activities
of any type however informal or impromptu that are sponsored
by a domestic animal activity sponsor; and
(6) hoofcare and placing or replacing shoes on a domestic
animal.
(d) "Domestic animal 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 domestic animal activity, including but not limited to:
Pony clubs, 4-H clubs, hunt clubs, riding clubs, trail rides,
racetrack, school and college-sponsored classes, programs
and activities, therapeutic riding programs, breeding farms,
training farms and operators, instructors, and promoters
of domestic animal facilities, including, but not limited
to, stables, clubhouses, pony ride strings, fairs and arenas
at which the activity is held.
(e) "Domestic animal professional" means an individual,
partnership or corporation and such individual or entities'
employees engaged in a domestic animal activity for compensation:
(1) In instructing a participant or renting to a participant
a domestic animal for the purpose of riding, driving or
being a passenger upon the domestic animal, or a passenger
in or on a vehicle pulled or pushed by a domestic animal;
or
(2) in renting equipment or tack to a participant.
(f) "Inherent risks of domestic animal activities"
means those dangers or conditions which are an integral
part of domestic animal activities, including, but not limited
to:
(1) The propensity of a domestic animal to run, buck, bite,
shy, stumble, rear, fall, step on or behave in ways that
may result in injury, harm or death to persons on or around
them;
(2) the unpredictability of a domestic animal's reaction
to such things as sounds, sudden movement and unfamiliar
objects, persons or other animals;
(3) certain hazards such as surface and subsurface conditions;
(4) collisions with other domestic animals or objects; and
(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 such participant's ability.
(g) "Participant" means any person who engages
in a domestic animal activity.
History: L. 1994, ch. 290, § 1; July 1.
Kansas Equine Activity Statute
60-4002. Affirmative defense of assumption of risk.
Except as provided in K.S.A. 60-4003, any participant is
assuming the inherent risks of domestic animal activities
when such participant engages in a domestic animal activity.
The domestic animal activity sponsor or domestic animal
professional, pursuant to K.S.A. 60-208, and amendments
thereto, shall plead an affirmative defense of assumption
of risk by the participant.
60-4003. Same; limitations.
(a) Nothing in K.S.A. 60-4002 shall prevent or limit the
liability of a domestic animal activity sponsor, a domestic
animal professional or any other person if the domestic
animal activity sponsor, domestic animal professional or
person:
(1) (A) provided the equipment or tack, which was faulty,
and such equipment or tack was faulty to the extent that
it did cause the injury; or
(B) provided the domestic animal and failed to make a reasonable
effort to determine the ability of the participant to manage
the particular domestic animal based on the participant's
representations of such participant's 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 condition which
was known to the domestic animal activity sponsor, domestic
animal professional or person and not made known to the
participant;
(3) commits an act or omission that falls below the standard
of care of a reasonable domestic animal activity sponsor,
domestic animal professional or other person engaged in
domestic animal activities in the same locality; or
(4) injures the participant by willful, wanton or intentional
conduct.
(b) Nothing in K.S.A. 60-4002 shall prevent or limit the
liability of a domestic animal activity sponsor or a domestic
animal professional under liability provisions set forth
in the products liability laws or under liability provisions
of article 4 of chapter 29 of the Kansas Statutes Annotated,
and amendments thereto.
60-4004. Posting warning notices; specifications; contract
language requirements
(a) Every domestic animal professional shall post and maintain
signs which contain the warning notice specified in subsection
(b). Such signs shall be placed in a clearly visible location
on or near stables, corrals, boarding areas, or arenas where
the professional conducts domestic animal activities if
such stables, corrals, boarding areas or arenas are owned,
managed or controlled by the equine professional. The warning
notice specified in subsection (b) 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
domestic animal professional for the providing of professional
services, instruction or the rental of equipment or tack
or a domestic animal to a participant, whether or not the
contract involves domestic animal activities on or off the
location or site of the domestic animal professional's business,
shall contain in clearly readable print the warning notice
and language specified in subsections (b) and (c).
(b) The signs and contracts described in subsection (a)
shall contain the following warning notice:
WARNING
Under Kansas law, there is no liability for an injury to
or the death of a participant in domestic animal activities
resulting from the inherent risks of domestic animal activities,
pursuant to K.S.A. 60-4001 through 60-4004. You are assuming the risk of participating
in this domestic animal activity.
(c) The contracts described in subsection (a) shall contain
the following language: Inherent risks of domestic animal
activities include, but shall not be limited to:
(1) The propensity of a domestic animal to behave in ways
i.e., running, bucking, biting, kicking, shying, stumbling,
rearing, falling or stepping on, that may result in an injury,
harm or death to persons on or around them;
(2) the unpredictability of a domestic animal's reaction
to such things as sounds, sudden movement and unfamiliar
objects, persons or other animals;
(3) certain hazards such as surface and subsurface conditions;
(4) collisions with other domestic animals or objects; and
(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
domestic animal or not acting within such participant's
ability.
Enacted in 1994.
Reviewed by AAHS in April 2001
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