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Louisiana
§2795.1.
Limitation of liability of farm animal activity sponsor
or professional; exceptions; required warning
A. As used in this Section, the following terms shall have
the following meanings, unless the context requires otherwise:
(1) "Engages in a farm animal activity" means riding,
training, providing, or assisting in providing medical treatment
of, driving, or being a passenger upon a farm animal, whether
mounted or unmounted, or any person assisting a participant
or show management. The term "engages in a farm animal
activity" does not include being a spectator at a farm
animal activity, except in cases where the spectator places
himself in an unauthorized area and in immediate proximity
to the farm animal activity.
(2) "Farm animal" means one or more of the following
domesticated animals: horse, pony, mule, donkey, hinny,
cow, ox, sheep, pig, hog, goat, ratite (ostrich, rhea, emu),
and chicken or other fowl.
(3) "Farm animal activity" includes any or all of
the following:
(a) A farm animal show, fair, competition, performance, or parade
that involves any or all farm animals, including but not
limited to any dressage, hunter and jumper horse show, grand
prix jumping, three-day event, combined training, rodeo,
Courir de Mardi Gras, driving, pulling, cutting, polo, steeplechasing,
English and western performance riding, endurance trail
riding, and western game and hunting.
(b) Training or teaching activities, or both, involving farm
animals.
(c) Boarding a farm animal, including daily care.
(d) Riding, inspecting, or evaluating a farm animal belonging
to another, whether or not the owner has received some monetary
consideration or other thing of value for the use of the
farm animal or is permitting a prospective purchaser of
the farm animal to ride, inspect, or evaluate the farm animal.
(e) A ride, trip, hunt, or other farm animal activity of any
type, however informal or impromptu, that is sponsored by
a farm animal activity sponsor.
(f) Placing or replacing horseshoes or trimming the hooves on
a farm animal.
(g) Examining or administering medical treatment to a farm animal
by a veterinarian.
(4) "Farm 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 farm
animal activity, including but not limited to: a pony club;
4-H club; Courir de Mardi Gras association; hunt club; riding
club; school and college-sponsored class, program, and activity;
therapeutic riding program; and any operator, instructor,
and promoter of a farm animal facility.
(5) "Farm animal facility" means any area used for
any farm animal activity, including but not limited to a
farm, ranch, riding arena, training stable, barn, pasture,
riding trail, show ring, polo field, or other area or facility
used or provided by a farm animal activity sponsor or where
a participant engages in a farm animal activity.
(6) "Farm animal professional" means a person engaged
for compensation in any of the following:
(a) Instructing a participant or renting to a participant a
farm animal for the purpose of riding, driving, or being
a passenger upon the farm animal.
(b) Renting equipment or tack to a participant in a farm animal
activity.
(c) Examining or administering medical treatment to a farm animal
as a veterinarian.
(7) "Inherent risks of farm animal activities" means
those dangers or conditions which are an integral part of
a farm animal activity, including but not limited to:
(a) The propensity of a farm animal to behave in ways that may
result in injury, harm, or death to persons on or around
them.
(b) The unpredictability of a farm 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 farm animals or objects.
(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 farm animal
or not acting within his ability.
(8) "Participant" means any person, whether amateur
or professional, who engages in a farm animal activity,
whether or not a fee is paid to participate in the farm
animal activity.
B. Except as provided in Subsection C of this Section, a farm
animal activity sponsor, a farm animal 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 a farm animal activity
and, except as provided in Subsection C of this Section,
no participant or participant's representative shall make
any claim against, maintain an action against, or recover
from a farm animal activity sponsor, a farm animal professional,
or any other person for injury, loss, damage, or death of
the participant resulting from any of the inherent risks
of farm animal activities.
C. Nothing in Subsection B of this Section shall prevent or
limit the liability of a farm animal activity sponsor, a
farm animal professional, or any other person if the farm
animal activity sponsor, farm animal professional, or person
either:
(1) 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.
(2) Failed to make reasonable and prudent efforts to determine
the ability of the participant to engage safely in the farm
animal activity and to safely manage the particular farm
animal based on the participant's representations of his
ability.
(3) Owns, leases, rents, or otherwise is in lawful possession
and control of the land or facility upon which the participant
sustained injuries because of a dangerous latent condition
which was known or should have been known to the farm animal
activity sponsor, farm animal professional, or person and
for which warning signs have not been conspicuously posted.
(4) 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.
(5) Intentionally injures the participant.
D. Nothing in Subsection B of this Section shall prevent or
limit the liability of a farm animal activity sponsor or
a farm animal professional under liability provisions as
set forth in the "Louisiana Products Liability Act",
R.S. 9:2800.51 through 2800.59.
E. Every farm animal professional and every farm animal activity
sponsor shall post and maintain a sign conspicuously located
or provide a written warning which contains the warning
notice specified in Subsection F of this Section. The sign
shall be placed in a clearly visible location on or near
any stable, corral, registration area, staging area, or
arena where the farm animal professional or the farm animal
activity sponsor conducts a farm animal activity or the
written warning shall be given to each participant prior
to the commencement of the parade or activities. The warning
notice specified in Subsection F of this Section shall appear
on the sign in black letters, with each letter to be a minimum
of one inch in height or shall appear in the written warning
in boldfaced capital letters no smaller than 12-point type.
Every written contract entered into by a farm animal professional
or by a farm animal activity sponsor for the provision of
professional services, instruction, or the rental of equipment
or tack or a farm animal to a participant, whether or not
the contract involves farm animal activities on or off the
location or site of the farm animal professional's or the
farm animal activity sponsor's business, shall contain in
clearly readable print the warning notice specified in Subsection
F of this Section.
F. The signs, written warnings, and contracts described in
Subsection E of this Section shall contain the following
warning notice:
"WARNING Under Louisiana law, a farm
animal activity sponsor or farm animal professional is not
liable for an injury to or the death of a participant in
a farm animal activity resulting from the inherent risks
of the farm animal activity, pursuant to R.S. 9:2795.1."
G. Failure to comply with the requirements concerning warning
notices provided in this Section shall prevent a farm animal
activity sponsor or farm animal professional from invoking
the privilege of immunity provided by this Section.
Acts 1992, No. 351,§ 1; Acts 1999, No. 311,§ 1; Acts
2001, No. 504,§ 1.
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