Back to State Equine Activity Statutes Home Page
If your printer is cutting off information, switch your paper orientation to "landscape".
Wisconsin
WISCONSIN STATUTES
PROVISIONS COMMON TO ACTIONS AND PROCEEDINGS IN ALL COURTS
CHAPTER 895. MISCELLANEOUS GENERAL PROVISIONS
895.481. Civil liability exemption; equine activities
(1) In this section:
(a) "Equine" means a donkey, hinny, horse, mule
or pony.
(b) "Equine activity" means any of the following:
1. Shows, fairs, competitions, performances or parades that
involve any breeds of equines and any equine disciplines,
including combined training, competitive trail riding, cutting,
dressage, driving, endurance trail riding, English or western
performance riding, grand prix jumping, horse racing, hunter
and jumper shows, hunting, polo, pulling, rodeos, 3-day
events and western games.
2. Equine training or teaching.
3. Boarding of equines.
4. Riding, inspecting or evaluating an equine belonging
to another, regardless of whether the owner of the equine
receives monetary or other consideration for the use of
the equine or permits the riding, inspection or evaluation
of the equine.
5. Riding, training or driving an equine or being a passenger
on an equine.
6. Riding, training or driving a vehicle pulled by an equine
or being a passenger on a vehicle pulled by an equine.
7. Assisting in the medical treatment of an equine.
8. Shoeing of an equine.
9. Assisting a person participating in an activity listed
in subds. 1. to 8.
(c) "Equine activity sponsor" means a person,
whether operating for profit or nonprofit, who organizes
or provides the facilities for an equine activity, including
owners or operators of arenas, clubs, fairs, schools, stables
and therapeutic riding programs.
(d) "Equine professional" means a person engaged
for compensation in the rental of equines or equine equipment
or tack or in the instruction of a person in the riding
or driving of an equine or in being a passenger upon an
equine.
(e) "Inherent risk of equine activities" means
a danger or condition that is an integral part of equine
activities, including all of the following:
1. The propensity of an equine to behave in a way that may
result in injury or death to a person on or near it.
2. The unpredictability of an equine's reaction to a sound,
movement or unfamiliar object, person or animal.
3. A collision with an object or another animal.
4. The potential for a person participating in an equine
activity to act in a negligent manner, to fail to control
the equine or to not act within his or her ability.
5. Natural hazards, including surface and subsurface conditions.(f)
"Property" means real property and buildings,
structures and improvements on the real property.(g) "Spectator"
means a person who attends or watches an equine activity
but does not participate in the equine activity or perform
any act or omission related to the equine activity that
contributes to the injury or death of a participant in the
equine activity.
(2) Except as provided in subs. (3) and (6), a person,
including an equine activity sponsor or an equine professional,
is immune from civil liability for acts or omissions related
to his or her participation in equine activities if a person
participating in the equine activity is injured or killed
as the result of an inherent risk of equine activities.
(3) The immunity under sub. (2) does not apply if the person
seeking immunity does any of the following:
(a) Provides equipment or tack that he or she knew or should
have known was faulty and the faulty equipment or tack causes
the injury or death.
(b) Provides an equine to a person and fails to make a reasonable
effort to determine the ability of the person to engage
safely in an equine activity or to safely manage the particular
equine provided based on the person's representations of
his or her ability.
(c) Fails to conspicuously post warning signs of a dangerous
inconspicuous condition known to him or her on the property
that he or she owns, leases, rents or is otherwise in lawful
control of or possession.
(d) Acts in a wilful or wanton disregard for the safety
of the person.
(e) Intentionally causes the injury or death.
(3m) A person whose only involvement in an equine activity
is as a spectator shall not be considered to be participating
in the equine activity.
(4) Every equine professional shall post and maintain signs
in a clearly visible location on or near stables, corrals
or arenas owned, operated or controlled by the equine professional.
The signs shall be white with black lettering, each letter
a minimum of one inch in height, and shall contain the following
notice:
"Notice: A person who is engaged for compensation
in the rental of equines or equine equipment or tack or
in the instruction of a person in the riding or driving
of an equine or in being a passenger upon an equine is not
liable for the injury or death of a person involved in equine
activities resulting from the inherent risks of equine activities,
as defined in section 895.481(1)(e) of the Wisconsin Statutes."
(5) If an equine professional uses a written contract for
the rental of equines or equine equipment or tack or for
the instruction of a person in the riding, driving or being
a passenger upon an equine, the contract shall contain the
notice set forth in sub. (4) in clearly readable bold print
of not less than the same size as the print used in the
remainder of the contract.
(6) This section does not limit the liability of a person
under any applicable products liability laws.
(7) This section does not limit the immunity created under
s. 895.52.
Wis. Stat. § 895.525 (1994)
895.525 Participation in recreational activities
(1) The legislature intends by this section to establish
the responsibilities of participants in recreational activities
in order to decrease uncertainty regarding the legal responsibility
for injuries that result from participation in recreational
activities and thereby to help assure the continued availability
in this state of enterprises that offer recreational activities
to the public.
(2) In this section, "recreational activity" means
any activity undertaken for the purpose of exercise, relaxation
or pleasure, including practice or instruction in any such
activity. "Recreational activity" includes, but
is not limited to, hunting, fishing, trapping, camping,
bowling, billiards, picnicking, exploring caves, nature
study, dancing, bicycling, horseback riding, horseshoe-pitching,
bird-watching, motorcycling, operating an all-terrain vehicle,
ballooning, curling, throwing darts, hang gliding, hiking,
tobogganing, sledding, sleigh riding, snowmobiling, skiing,
skating, participation in water sports, weight and fitness
training, sight-seeing, rock-climbing, cutting or removing
wood, climbing observation towers, animal training, harvesting
the products of nature and any other sport, game or educational
activity.
(3) A participant in a recreational activity engaged in
on premises owned or leased by a person who offers facilities
to the general public for participation in recreational
activities accepts the risks inherent in the recreational
activity of which the ordinary prudent person is or should
be aware. In a negligence action for recovery of damages
for personal injury or property damage, conduct by a participant
who accepts the risks under this subsection is contributory
negligence, to which the comparative negligence provisions
of s. 895.045 shall apply.
(4) (a) A participant in a recreational activity engaged
in on premises owned or leased by a person who offers facilities
to the general public for participation in recreational
activities is responsible to do all of the following:
1. Act within the limits of his or her ability.
2. Heed all warnings regarding participation in the recreational
activity.
3. Maintain control of his or her person and the equipment,
devices or animals the person is using while participating
in the recreational activity.
4. Refrain from acting in any manner that may cause or contribute
to injury to himself or herself or to other persons while
participating in the recreational activity.
(b) A violation of this subsection constitutes negligence.
The comparative negligence provisions of s. 895.045 apply
to negligence under this subsection.
(4m) Liability of contact sports participants. (a) A participant
in a recreational activity that includes physical contact
between persons in a sport involving amateur teams, including
teams in recreational, municipal, high school and college
leagues, may be liable for an injury inflicted on another
participant during and as part of that sport in a tort action
only if the participant who caused the injury acted recklessly
or with intent to cause injury.
(b) Unless the professional league establishes a clear policy
with a different standard, a participant in an athletic
activity that includes physical contact between persons
in a sport involving professional teams in a professional
league may be liable for an injury inflicted on another
participant during and as part of that sport in a tort action
only if the participant who caused the injury acted recklessly
or with intent to cause injury.
(5) Nothing in this section affects the limitation of property
owners' liability under s. 895.52.
Back to State Equine Activity Statutes Home Page
|
