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West Virginia
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 4. EQUESTRIAN ACTIVITIES RESPONSIBILITY ACT.
§20-4-1. purpose.
The Legislature finds that equestrian activities are engaged
in by a large number of citizens of West Virginia and that
such activities also attract to West Virginia a large number
of nonresidents, significantly contributing to the economy
of West Virginia.
Since it is recognized that there are
inherent risks in equestrian activities which should be
understood by participants therein and which are essentially
impossible for the operators of equestrian businesses to
eliminate, it is the purpose of this article to define those
areas of responsibility and those affirmative acts for which
the operators of equestrian businesses shall be liable for
loss, damage or injury suffered by participants, and to
further define those risks which the participants expressly
assume and for which there can be no recovery.
§20-4-2. Definitions.
In this article, unless a different meaning plainly is required:
(1) "Equestrian activity" means any sporting event
or other activity involving a horse or horses, including,
but not limited to:
(A) Shows, fairs, competitions, performances or parades;
(B) Any of the equine disciplines such as dressage, hunter
and jumper shows, grand prix jumping, three day events,
combined training, rodeos, driving, western games and hunting;
(C) Rides, trips or hunts;
(D) Riding classes, therapeutic riding programs, school
and college sponsored classes and programs, or other classes
in horsemanship;
(E) The boarding or keeping of horses; and
(F) Providing equipment or tack.
(2) "Horseman" or "operator of a horseman's
business" means any individual, sole proprietorship,
partnership, association, public or private corporation,
the United States or any federal agency, this state or any
political subdivision of this state, and any other legal
entity which engages, with or without compensation, in organizing,
promoting, presenting or providing equestrian activities
or in providing facilities for equestrian activities.
(3) "Horse" means each animal of the horse kind,
in every class or breed of horses, and, without limitation
or exception, all members of the genus Equus and family
Equidae.
(4) "Participant" means any person using the services
or facilities of a horseman so as to be directly involved
in an equestrian activity.
§20-4-3. Duties of horsemen.
Every horseman shall:
(1) Make reasonable and prudent efforts to determine the
ability of a participant to safely engage in the equestrian
activity, to determine the ability of the horse to behave
safely with the participant, and to determine the ability
of the participant to safely manage, care for and control
the particular horse involved;
(2) Make known to any participant any dangerous traits or
characteristics or any physical impairments or conditions
related to a particular horse which is involved in the equestrian
activity of which the horseman knows or through the exercise
of due diligence could know;
(3) Make known to any participant any dangerous condition
as to land or facilities under the lawful possession and
control of the horseman of which the horseman knows or through
the exercise of due diligence could know, by advising the
participant in writing or by conspicuously posting warning
signs upon the premises;
(4) In providing equipment or tack to a participant, make
reasonable and prudent efforts to inspect such equipment
or tack to assure that it is in proper working condition
and safe for use in the equestrian activity;
(5) Prepare and present to each participant or prospective
participant, for his or her inspection and signature, a
statement which clearly and concisely explains the liability
limitations, restrictions and responsibilities set forth
in this article.
§20-4-4. Duties of participants.
It is recognized that equestrian activities are hazardous
to participants, regardless of all feasible safety measures
which can be taken.
Each participant in an equestrian activity expressly assumes
the risk of and legal responsibility for any injury, loss
or damage to person or property which results from participation
in an equestrian activity.
Each participant shall have the
sole individual responsibility for knowing the range of
his or her own ability to manage, care for, and control
a particular horse or perform a particular equestrian activity,
and it shall be the duty of each participant to act within
the limits of the participant's own ability, to maintain
reasonable control of the particular horse or horses at
all times while participating in an equestrian activity,
to heed all posted warnings, to perform equestrian activities
only in an area or in facilities designated by the horseman
and to refrain from acting in a manner which may cause or
contribute to the injury of anyone.
If while actually riding
in an equestrian event, any participant collides with any
object or person, except an obviously intoxicated person
of whom the horseman is aware, or if the participant falls
from the horse or from a horse-drawn conveyance, the responsibility
for such collision or fall shall be solely that of the participant
or participants involved and not that of the horseman.
A participant involved in an accident shall not depart from
the area or facility where the equestrian activity took
place without leaving personal identification, including
name and address, or without notifying the proper authorities,
or without obtaining assistance when that person knows or
reasonably should know that any other person involved in
the accident is in need of medical or other assistance.
§20-4-5. Liability of horsemen.
(a) A horseman shall be liable for injury, loss or damage
caused by failure to follow the duties set forth in section
three of this article where the violation of duty is causally
related to the injury, loss or damage suffered. A horseman
shall not be liable for any injury, loss or damage caused
by the negligence of any person who is not an agent or employee
of such horseman.
(b) A horseman shall be liable for acts or omissions which
constitute gross negligence or willful and wanton conduct
which is the proximate cause of injury to a participant.
(c) A horseman shall be liable for an intentional injury
which he or she inflicts upon a participant.
(d) Every horseman shall carry public liability insurance
in limits of no less than one hundred thousand dollars per
person, three hundred thousand dollars per occurrence and
ten thousand dollars for property damage.
§20-4-6. Liability of participants.
Any participant shall be liable for injury, loss or damage
resulting from violations of the duties set forth in section
four of this article.
§20-4-7. Applicability of article.
The provisions of this article do not apply to the horse
racing industry that is regulated by the provisions of article
twenty-three, chapter nineteen of this code.
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