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Montana
27-1-724. Limits on liability of livestock owner or property
owner in accidents involving motor vehicles and livestock.
(1) Except as provided in Title 60, chapter 7, part 2, for
the highways referred to in 60-7-201, a person owning, controlling,
or in possession of livestock or a person owning property
has no duty to keep livestock from wandering on highways and
is not subject to liability for damages to any property or
for injury to a person caused by an accident involving a motor
vehicle and livestock unless the owner of the livestock or
property was grossly negligent or engaged in intentional misconduct.
(2) As used in this section, the following definitions apply:
(a) "Highway" has the meaning provided in 60-1-103(19);
(b) "Livestock" has the meaning provided in 15-1-101;
and
(c) "Person" means an individual, partnership, corporation,
limited liability company, limited liability partnership,
or association.
History: En. Sec. 1, Ch. 28, L. 2001.
27-1-725. Purpose. The purpose of 27-1-725 through 27-1-727 is to assist
courts and juries in defining the circumstances under which
persons responsible for equines may be found liable for damages
to persons harmed in the course of equine activities. It is
the policy of the state of Montana that a person is not liable
for damages sustained by another solely as a result of risks
inherent in equine activities if those risks are or should
be reasonably obvious, expected, or necessary to persons engaged
in equine activities. It is the policy of the state of Montana
that an equine activity sponsor or equine professional who
is negligent and causes foreseeable injury to a participant
bears responsibility for that injury in accordance with other
applicable law.
History: En. Sec. 1, Ch. 119, L. 1993.
27-1-726. Definitions.
As used in 27-1-725 through 27-1-727, the following definitions apply:
(1) "Engage in an equine activity" means to ride,
train, drive, or be a passenger upon an equine, whether mounted
or unmounted, or to assist a participant, equine activity
sponsor, or equine professional. The phrase does not mean
activity by a spectator at an equine activity, unless the
spectator is improperly in an unauthorized area in immediate
proximity to an equine activity.
(2) "Equine" means a horse, pony, mule, donkey,
or hinny.
(3) "Equine activity" means:
(a) equine shows, fairs, competitions, performances, or parades
that involve any breed of equines and any of the equine disciplines,
including but not limited to dressage, hunter and jumper horse
shows, grand prix jumping, 3-day events, combined training,
rodeos, driving, pulling, cutting, polo, steeplechasing, endurance
trail riding and western games, and hunting;
(b) equine training or teaching activities;
(c) boarding equines;
(d) riding, inspecting, grooming, or evaluating an equine
belonging to another, whether or not the owner has received
monetary consideration or another thing of value for the use
of the equine or permits a prospective purchaser of the equine
to ride, inspect, groom, or evaluate the equine;
(e) rides, trips, hunts, pack trips, or other equine activities
of any type, however informal, that are sponsored by an equine
activity sponsor; and
(f) providing veterinarian or farrier services.
(4) "Equine activity sponsor" means an individual,
group, club, partnership, corporation, or other entity, whether
operating for profit or nonprofit, that sponsors, organizes,
or provides the facilities for an equine activity. The phrase
includes but is not limited to pony clubs; 4-H clubs; hunt
clubs; riding clubs; riding classes and programs; therapeutic
riding programs; operators, instructors, and promoters of
equine facilities; stables; clubhouses; pony ride strings;
farms; ranches; and arenas.
(5) "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) selling or renting equipment or tack to a participant;
or
(c) providing veterinary or farrier services.
(6) "Participant" means a person, whether amateur
or professional, who directly engages in an equine activity,
whether or not a fee is paid to participate in the equine
activity.
(7) "Risks inherent in equine activities" means
dangers or conditions that are an integral part of equine
activities, including but not limited to:
(a) the propensity of an equine to behave in ways that may
result in injury or harm to or the death of persons on or
around the equine;
(b) the unpredictability of an equine's reaction to such things
as medication; sounds; sudden movement; and unfamiliar objects,
persons, or other animals;
(c) hazards, such as surface and subsurface ground conditions;
(d) collisions with other equines or objects; or
(e) the potential of another participant to not maintain control
over the equine or to not act within the person's ability.
History: En. Sec. 2, Ch. 119, L. 1993.
27-1-727. Equine activity liability limitations
(1) Except as provided in subsections (2) and (3), an equine
activity sponsor or an equine professional is not liable
for an injury to or the death of a participant engaged in
an equine activity resulting from risks inherent in equine
activities.
(2) An equine participant shall act in a safe and responsible
manner at all times to avoid injury to the participant and
others and to be aware of risks inherent in equine activities.
(3) Subsection (1) does not apply:
(a) if the equine activity sponsor or the equine professional:
(i) provided the equipment or tack and the equipment or
tack caused the injury because the equine activity sponsor
or equine professional failed to reasonably and prudently
inspect or maintain the equipment;
(ii) provided the equine and failed to make reasonable and
prudent efforts to determine the ability of the participant
to safely engage in the equine activity and the participant's
ability to safely manage the particular equine based on
the participant's representations as to the participant's
ability;
(iii) owned, leased, rented, or otherwise was in lawful
possession and control of the land or facilities upon which
the participant sustained injuries caused by a dangerous
latent condition that was known or should have been known
to the equine activity sponsor or the equine professional;
(iv) committed an act or omission that constituted willful
or wanton disregard for the safety of the participant and
the act or omission caused the injury; or
(v) intentionally injured the participant; or
(b) in a products liability action.
27-1-728. Mule and horseracing -- exception. Sections 27-1-725 through
27-1-727 do not apply to the horseracing and mule racing
industry as regulated in Title 23, chapter 4.
History: En. Sec. 4, Ch. 119, L. 1993.
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