CHAPTER 5. LIMITED LIABILITY ARISING FROM EQUINE ACTIVITIES
IC 34-31-5
Chapter 5. Limited Liability Arising From Equine Activities
IC 34-31-5-1
Immunity from civil liability
Sec. 1. (a) Subject to section 2 of this chapter, an equine activity
sponsor or equine professional is not liable for:
(1) an injury to a participant; or
(2) the death of a participant;
resulting from an inherent risk of equine activities.
(b) Subject to section 2 of this chapter, a participant or
participant's representative may not:
(1) make a claim against;
(2) maintain an action against; or
(3) recover from;
an equine activity sponsor or equine professional for injury, loss,
damage, or death of the participant resulting from an inherent risk of
equine activities.
As added by P.L.1-1998, SEC.27.
IC 34-31-5-2
Exceptions to immunity for certain acts or omissions
Sec. 2. (a) This section does not apply to the horse racing
industry.
(b) Section 1 of this chapter does not prevent or limit the liability
of an equine activity sponsor or an equine professional:
(1) who:
(A) provided equipment or tack that was faulty and that
caused the injury; and
(B) knew or should have known that the equipment or tack
was faulty;
(2) who provided the equine and failed to make reasonable and
prudent efforts based on the participant's representations of the
participant's ability to:
(A) determine the ability of the participant to engage safely
in the equine activity; and
(B) determine the ability of the participant to safely manage
the particular equine;
(3) who:
(A) was in lawful possession and control of the land or
facilities on which the participant sustained injuries; and
(B) knew or should have known of the dangerous latent
condition that caused the injuries;
if warning signs concerning the dangerous latent condition were
not conspicuously posted on the land or in the facilities;
(4) who committed an act or omission that:
(A) constitutes reckless disregard for the safety of the
participant; and
(B) caused the injury; or
(5) who intentionally injured the participant.
(c) Section 1 of this chapter does not prevent or limit the liability
of an equine activity sponsor or an equine professional under the
product liability laws.
As added by P.L.1-1998, SEC.27.
IC 34-31-5-3
Posting and maintenance of warning notice sign
Sec. 3. (a) This chapter does not apply unless an equine activity
sponsor or an equine professional posts and maintains in at least one
(1) location on the grounds or in the building that is the site of an
equine activity a sign on which is printed the warning notice set forth
in section 5 of this chapter.
(b) A sign referred to in subsection (a) must be placed in a clearly
visible location in proximity to the equine activity.
(c) The warning notice on a sign referred to in subsection (a) must
be printed in black letters, and each letter must be at least one (1)
inch in height.
As added by P.L.1-1998, SEC.27.
IC 34-31-5-4
Warning notice required in written contracts
Sec. 4. (a) If there is a written contract, this chapter does not apply
unless the written contract entered into by an equine professional for:
(1) the providing of professional services;
(2) the providing of instruction; or
(3) the rental of:
(A) equipment or tack; or
(B) an equine;
to a participant contains in clearly readable print the warning notice
set forth in section 5 of this chapter.
(b) The warning notice required by subsection (a) must be
included in a written contract described in subsection (a) whether or
not the contract involves equine activities on or off the location or
site of the equine professional's business.
As added by P.L.1-1998, SEC.27.
IC 34-31-5-5
Contents of warning notice
Sec. 5. The warning notice that must be printed on a sign under
section 3 of this chapter and included in a written contract under
section 4 of this chapter is as follows:
WARNING
Under Indiana law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities.
As added by P.L.1-1998, SEC.27.