53-10 Equine Activity Sponsor or Professional
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<![CDATA[CHAPTER 53-10EQUINE ACTIVITY SPONSOR OR PROFESSIONAL53-10-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Engages in an equine activity" means a person who rides, trains, drives, or is a<br>passenger upon an equine, whether mounted or unmounted, and does not mean a<br>spectator in equine activity or a person who participates in the equine activity but<br>does not ride, train, drive, or ride as a passenger upon an equine.2."Equine" means a horse, pony, mule, donkey, or hinny.3."Equine activity" means:a.An equine show, fair, competition, performance, or parade that involves any<br>breed of equine in any equine discipline, including dressage, a hunter and<br>jumper horse show, grand prix jumping, a three-day event, combined training, a<br>rodeo, driving, pulling, cutting, polo, steeplechasing, endurance, trail riding,<br>guided trail rides, pleasure trail riding, wagon and buggy rides, and western<br>games and hunting;b.An equine training or teaching activity;c.Boarding an equine;d.Riding, inspecting, or evaluating an equine belonging to another whether or not<br>the owner has received some monetary consideration or other thing of value for<br>the use of the equine or is permitting a prospective purchaser of the equine to<br>ride, inspect, or evaluate the equine; ande.A ride, trip, hunt, or other equine activity of any type however informal or<br>impromptu that is sponsored by an equine activity sponsor.4."Equine activity sponsor" means an individual, group, club, partnership, corporation,<br>or limited liability company, whether or not the sponsor is operating for profit or<br>nonprofit, which sponsors, organizes, or provides the facility for an equine activity<br>including a pony club, 4-H club, hunt club, riding club, school or college-sponsored<br>class or program, therapeutic riding program, and an operator, instructor, or<br>promoter of an equine facility including but not limited to a stable, clubhouse, pony<br>ride string, fair, or arena at which the activity is held.5."Equine professional" means a person engaged for compensation in:a.Instructing a participant or renting to a participant an equine for the purpose of<br>riding, driving, or being a passenger upon an equine; orb.In renting equipment or tack to a participant.6."Participant" means any person, whether amateur or professional, who directly<br>engages in an equine activity, whether or not a fee is paid to participate in the equine<br>activity.53-10-02. Liability of equine activity sponsor or equine professional limited.1.Except as provided in subsection 2, an equine activity sponsor or an equine<br>professional is not liable for an injury to or the death of a participant engaged in an<br>equine activity, and, except as provided in subsection 2, no participant orPage No. 1participant's representative may maintain an action against or recover from an<br>equine activity sponsor or an equine professional for an injury to or the death of a<br>participant engaged in an equine activity. This chapter does not apply to the horse<br>racing industry as regulated in chapter 53-06.2.2.Nothing in subsection 1 prevents or limits the liability of an equine activity sponsor or<br>an equine professional:a.If the equine activity sponsor or the equine professional:(1)Provided the equipment or tack and the equipment or tack caused the<br>injury; or(2)Provided the equine and failed to make reasonable and prudent efforts to<br>determine the ability of the participant to engage safely in the equine<br>activity, to determine the ability of the equine to behave safely with the<br>participant, and to determine the ability of the participant to safely<br>manage the particular equine;b.If the equine activity sponsor or the equine professional owns, leases, rents, or<br>otherwise is in lawful possession and control of the land or facility upon which<br>the participant sustained an injury because of the dangerous latent condition<br>which was known to or should have been known to the equine activity sponsor<br>or the equine professional and for which a warning sign has not been<br>conspicuously posted;c.If the equine activity sponsor or the equine professional commits an act or<br>omission that constitutes willful or wanton disregard for the safety of the<br>participant and that act or omission caused the injury;d.If the equine activity sponsor or the equine professional intentionally injures the<br>participant;e.Under products liability provisions as set forth in products liability laws; orf.Under liability provisions in chapter 36-11.Page No. 2Document Outlinechapter 53-10 equine activity sponsor or professional]]>