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Vermont
Public Act 136
EQUINE ACTIVITIES--ACCEPTANCE OF RISK--WARNINGS
AN ACT RELATING TO LIABILITY OF PERSONS INVOLVED IN EQUINE
ACTIVITIES.
It is hereby enacted by the General Assembly of the State
of Vermont:
Sec. 1. LEGISLATIVE PURPOSE AND POLICY
(1) Equine activities are important to the economy and culture
of the state. It is appropriate to provide a sound legal basis
for determining when equine activity sponsors should be liable
for injuries suffered from those activities, realizing that
equines are prone to behave in ways that may result in injury,
harm or death to persons involved in equine activities.
(2) It is the policy of this state that no person shall be
liable for damages sustained by another solely as a result
of risks inherent in equine activity, insofar as those risks
are necessary to the equine activity and obvious to the person
injured.
(3) It is the policy of this state that persons responsible
for equines, or responsible for the safety of those engaged
in equine activity, whose negligence proximately causes injury
to a person engaged in those activities, is liable for that
injury in accordance with other applicable law.
§ 1039. EQUINE ACTIVITIES; ACCEPTANCE OF INHERENT RISKS
(a) As used in this section:
(1) "Equine" means a horse, pony, mule or donkey.
(2) "Equine activity" includes but is not limited
to:
(A) Equine shows, fairs, competitions, performances or parades
that involve any or all breeds of equines 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, riding, driving, pulling, cutting,
polo, steeplechasing, English and western performance riding,
endurance trail riding, gymkhana games and hunting;
(B) Equine training or teaching activities, or both;
(C) Rides, trips, or hunts.
(3) "Equine activity sponsor" means an individual,
group, club, organized camp, club, partnership or corporation,
whether or not the sponsor is operating for profit or nonprofit,
which sponsors, organizes or provides the facilities for an
equine activity, including but not limited to pony clubs,
4-H clubs, hunt clubs, riding clubs, school and college-sponsored
classes, programs and activities, therapeutic riding programs,
stable and farm owners and operators, instructors and promoters
or equine facilities, including but not limited to farms,
stables, clubhouses, pony ride strings, fairs and arenas at
which the activity is held.
(4) "Participant" means any person, whether amateur
or professional, who engages in an equine activity, whether
or not a fee or other consideration is paid to participate
in the equine activity.
(b) No person shall be liable for an injury to, or the death
of, a participant resulting from the inherent risks of equine
activities, insofar as those risks are necessary to the equine
activity and obvious to the person injured.
(c)(1) An equine activity sponsor may post and maintain signs
which contain the warning notice specified in this subsection.
Such signs shall be placed in a clearly visible location in
the proximity of the equine activity. The warning notice shall
appear on the sign in black letters, with each letter to be
a minimum of one inch in height.
(2) Every written contract entered into by an equine activity
sponsor 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,
may contain in clearly readable print the warning notice.
(3) The signs and contracts described in this subsection shall
contain the following warning notice:
WARNING
Under Vermont Law, an equine activity sponsor is not liable
for an injury to, or the death of, a participant in equine
activities resulting from the inherent risks of equine activities
that are obvious and necessary, pursuant to 12 V.S.A. §
1039.
Sec. 3. REPORT
Not later than January 15, 1998, the department of banking,
insurance, and securities shall report on the effects, if
any, of this law upon the ability of persons who engage in
equine activity to obtain liability insurance at a reasonable
cost and upon all other participants who engage in equine
activities.
Sec. 4. APPLICABILITY
This act shall apply only to actions arising from acts or
omissions which occur on or after the effective date of this
act.
Approved: April 30, 1996
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