[§663B-2]  Equine activities; rebuttable
presumption.  (a)  In any civil action for injury, loss, damage, or death
of a participant, there shall be a presumption that the injury, loss, damage,
or death was not caused by the negligence of an equine activity sponsor, equine
professional, or their employees or agents, if the injury, loss, damage, or
death was caused solely by the inherent risk and unpredictable nature of the
equine.  An injured person or their legal representative may rebut the
presumption of no negligence by a preponderance of the evidence.



(b)  Nothing in this section shall prevent or
limit the liability of an equine activity sponsor, an equine professional, or
their employees or agents if the equine activity sponsor, equine professional,
or person:



(1)  Provided the equipment or tack, and knew or
should have known that the equipment or tack was faulty, and the equipment or
tack was a proximate cause of the injury;



(2)  Provided the equine and failed to make reasonable
and prudent efforts to determine the ability of the participant to engage
safely in the equine activity; or determine the ability of the participant to
safely manage the particular equine based on the participant's representations
of the participant's ability; or determine the characteristics of the
particular equine and suitability of the equine to participate in equine
activities with the participant; or failed to reasonably supervise the equine
activities and such failure is a proximate cause of the injury;



(3)  Owns, leases, rents, or otherwise is in lawful
possession and control of the land or facilities upon which the participant
sustained injuries because of a dangerous latent condition which was known or
reasonably should have been known to the equine activity sponsor, equine
professional, or person, or for which reasonable warning signs have not been
conspicuously posted;



(4)  Commits an act or omission that constitutes gross
negligence or wilful or wanton disregard for the safety of the participant, and
that act or omission caused the injury; or



(5)  Intentionally injures the participant.



(c)  Nothing in subsection (a) shall prevent or
limit the liability of an equine activity sponsor or an equine professional
under liability provisions as set forth in the products liability laws or in
sections 142-63, 142-64, 142-65, 142-66, and 142-68. [L 1994, c 249, pt of §1]



 



Revision Note



 



  Subsection (c) redesignated pursuant to §23G-15(1).



 



Case Notes



 



  If plaintiff's claims that ranch tour guide failed to
reasonably supervise the equine activities that were the proximate cause of
plaintiff's injury were correct, the presumption of non-negligence set forth in
this section would not apply; thus it was error for trial court to apply this
section to the case.  111 H. 254, 141 P.3d 427.