12-553

12-553. Limited liability of equine owners and
owners of equine facilities; exception; definitions

A. An equine owner or an agent of an equine owner who regardless of consideration
allows another person to take control of an equine is not liable for an injury to or the
death of the person if:

1. The person has taken control of the equine from the owner or agent when the
injury or death occurs.

2. The person or the parent or legal guardian of the person if the person is under
eighteen years of age has signed a release before taking control of the equine.

3. The owner or agent has properly installed suitable tack or equipment or the
person has personally tacked the equine with tack the person owned, leased or
borrowed. If the person has personally tacked the equine, the person assumes full
responsibility for the suitability, installation and condition of the tack.

4. The owner or agent assigns the person to a suitable equine based on a reasonable
interpretation of the person's representation of his skills, health and experience with
and knowledge of equines.

B. Subsection A does not apply to an equine owner or agent of the equine owner who
is grossly negligent or commits wilful, wanton or intentional acts or omissions.

C. An owner, lessor or agent of any riding stable, rodeo ground, training or
boarding stable or other private property that is used by a rider or handler of an equine
with or without the owner's permission is not liable for injury to or death of the equine
or the rider or handler.

D. Subsection C does not apply to an owner, lessor or agent of any riding stable,
rodeo ground, training or boarding stable or other private property that is used by a
rider or handler of an equine if either of the following applies:

1. The owner, lessor or agent knows or should know that a hazardous condition
exists and the owner, lessor or agent fails to disclose the hazardous condition to a
rider or handler of an equine.

2. The owner, lessor or agent is grossly negligent or commits wilful, wanton or
intentional acts or omissions.

E. As used in this section:

1. "Equine" means a horse, pony, mule, donkey or ass.

2. "Release" means a document that a person signs before taking control of an
equine from the owner or owner's agent and that acknowledges that the person is aware of
the inherent risks associated with equine activities, is willing and able to accept full
responsibility for his own safety and welfare and releases the equine owner or agent from
liability unless the equine owner or agent is grossly negligent or commits wilful, wanton
or intentional acts or omissions.