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Rhode Island
GENERAL LAWS OF RHODE ISLAND
TITLE 4. ANIMALS AND ANIMAL HUSBANDRY
CHAPTER 21. EXEMPTION FROM LIABILITY ARISING FROM EQUINE ACTIVITIES
4-21-2. General provisions
Except as provided in s 4-21-3, an equine activity sponsor,
an equine 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 equine activities unless such equine activity sponsor,
professional or other person shall be demonstrated to have
failed to exercise due care under the circumstances towards
such participant and, except as provided in s 4-21-3, no participant
nor any participant's representative shall make any claim
against, maintain an action against, or recover from an equine
activity sponsor, an equine professional, or any other person
for injury, loss, damage, or death of the participant resulting
from any of the inherent risks of equine activities unless
such equine activity sponsor, professional or other person
shall be demonstrated to have failed to exercise due care
under the circumstances towards such participant.
4-21-3. Exceptions
(a) This Chapter shall not apply to horse racing meetings
to which Chapter 3 of Title 41 is applicable.
(b) Nothing in s 4-21-2 shall prevent or limit the liability
of an equine activity sponsor, an equine professional, or
any other person if the equine activity sponsor, equine professional,
or person:
(1) (A) 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; or (B) Provided the equine and failed to make
reasonable and prudent efforts to determine the ability of
the participant to engage safely in the equine activity, and
determine the ability of the participant to safely manage
the particular equine based on the participant's representations
of his or her ability;
(2) Owns, leases, rents, has authorized use of, or is otherwise
in lawful possession and control of the land, or facilities
upon which the participant sustained injuries because of a
dangerous condition which was known or should have been known
to the equine activity sponsor, equine professional, or person;
(3) Commits an act of omission that constitutes willful or
wanton disregard for the safety of the participant, and that
act of omission caused the injury; or
(4) Intentionally injures the participant.
4-21-4. Posting and notification
(a) Every equine 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 in
the proximity of the equine activity. 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 an equine professional for
the providing of professional services, instruction, or the
rental of equipment or tack or an equine to a participant,
whether or not the contract involves equine activities on
or off the location or site of the equine professional's business,
shall contain in clearly readable print the warning notice
specified in subsection (b).
(b) The signs and contracts described in subsection (a) shall
contain the following warning notice:
WARNING
Under Rhode Island Law, an equine professional, unless he
or she can be shown to have failed to be in the exercise of
due care, is not liable for an injury to, or the death of,
a participant in equine activities resulting from the inherent
risks of equine activities, pursuant to this chapter.
Enacted in 1993.
Reviewed by AAHS in April 2001.
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