78B-4-202 - Equine and livestock activity liability limitations.
78B-4-202. Equine and livestock activity liability limitations.
(1) It shall be presumed that participants in equine or livestock activities are aware of andunderstand that there are inherent risks associated with these activities.
(2) An equine activity sponsor, equine professional, livestock activity sponsor, orlivestock professional is not liable for an injury to or the death of a participant due to the inherentrisks associated with these activities, unless the sponsor or professional:
(a) (i) provided the equipment or tack;
(ii) the equipment or tack caused the injury; and
(iii) the equipment failure was due to the sponsor's or professional's negligence;
(b) failed to make reasonable efforts to determine whether the equine or livestock couldbehave in a manner consistent with the activity with the participant;
(c) owns, leases, rents, or is in legal possession and control of land or facilities uponwhich the participant sustained injuries because of a dangerous condition which was known to orshould have been known to the sponsor or professional and for which warning signs have notbeen conspicuously posted;
(d) (i) commits an act or omission that constitutes negligence, gross negligence, orwillful or wanton disregard for the safety of the participant; and
(ii) that act or omission causes the injury; or
(e) intentionally injures or causes the injury to the participant.
(3) This chapter does not prevent or limit the liability of an equine activity sponsor, anequine professional, a livestock activity sponsor, or a livestock professional who is:
(a) a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, in anaction to recover for damages incurred in the course of providing professional treatment of anequine;
(b) liable under Title 4, Chapter 25, Estrays and Trespassing Animals; or
(c) liable under Title 78B, Chapter 7, Utah Product Liability Act.
Renumbered and Amended by Chapter 3, 2008 General Session