Section 691.1665 - Liability not prevented or limited; conditions.
EQUINE ACTIVITY LIABILITY ACT (EXCERPT)
Act 351 of 1994
691.1665 Liability not prevented or limited; conditions.
Sec. 5.
Section 3 does not prevent or limit the liability of an equine activity sponsor, equine professional, or another person if the equine activity sponsor, equine professional, or other person does any of the following:
(a) Provides equipment or tack and knows or should know that the equipment or tack is faulty, and the equipment or tack is faulty to the extent that it is a proximate cause of the injury, death, or damage.
(b) Provides an equine and fails to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to determine the ability of the participant to safely manage the particular equine. A person shall not rely upon a participant's representations of his or her ability unless these representations are supported by reasonably sufficient detail.
(c) Owns, leases, rents, has authorized use of, or otherwise is in lawful possession and control of land or facilities on which the participant sustained injury because of a dangerous latent condition of the land or facilities that is known to the equine activity sponsor, equine professional, or other person and for which warning signs are not conspicuously posted.
(d) Commits a negligent act or omission that constitutes a proximate cause of the injury, death, or damage.
History: 1994, Act 351, Eff. Mar. 30, 1995