CHAPTER 5. LIMITED LIABILITY ARISING FROM EQUINE ACTIVITIES
IC 34-31-5
Chapter 5. Limited Liability Arising From Equine Activities
IC 34-31-5-1
Immunity from civil liability
Sec. 1. (a) Subject to section 2 of this chapter, an equine activitysponsor or equine professional is not liable for:
(1) an injury to a participant; or
(2) the death of a participant;
resulting from an inherent risk of equine activities.
(b) Subject to section 2 of this chapter, a participant orparticipant's representative may not:
(1) make a claim against;
(2) maintain an action against; or
(3) recover from;
an equine activity sponsor or equine professional for injury, loss,damage, or death of the participant resulting from an inherent risk ofequine activities.
As added by P.L.1-1998, SEC.27.
IC 34-31-5-2
Exceptions to immunity for certain acts or omissions
Sec. 2. (a) This section does not apply to the horse racingindustry.
(b) Section 1 of this chapter does not prevent or limit the liabilityof an equine activity sponsor or an equine professional:
(1) who:
(A) provided equipment or tack that was faulty and thatcaused the injury; and
(B) knew or should have known that the equipment or tackwas faulty;
(2) who provided the equine and failed to make reasonable andprudent efforts based on the participant's representations of theparticipant's ability to:
(A) determine the ability of the participant to engage safelyin the equine activity; and
(B) determine the ability of the participant to safely managethe particular equine;
(3) who:
(A) was in lawful possession and control of the land orfacilities on which the participant sustained injuries; and
(B) knew or should have known of the dangerous latentcondition that caused the injuries;
if warning signs concerning the dangerous latent condition werenot conspicuously posted on the land or in the facilities;
(4) who committed an act or omission that:
(A) constitutes reckless disregard for the safety of theparticipant; and
(B) caused the injury; or
(5) who intentionally injured the participant. (c) Section 1 of this chapter does not prevent or limit the liabilityof an equine activity sponsor or an equine professional under theproduct liability laws.
As added by P.L.1-1998, SEC.27.
IC 34-31-5-3
Posting and maintenance of warning notice sign
Sec. 3. (a) This chapter does not apply unless an equine activitysponsor or an equine professional posts and maintains in at least one(1) location on the grounds or in the building that is the site of anequine activity a sign on which is printed the warning notice set forthin section 5 of this chapter.
(b) A sign referred to in subsection (a) must be placed in a clearlyvisible location in proximity to the equine activity.
(c) The warning notice on a sign referred to in subsection (a) mustbe printed in black letters, and each letter must be at least one (1)inch in height.
As added by P.L.1-1998, SEC.27.
IC 34-31-5-4
Warning notice required in written contracts
Sec. 4. (a) If there is a written contract, this chapter does not applyunless the written contract entered into by an equine professional for:
(1) the providing of professional services;
(2) the providing of instruction; or
(3) the rental of:
(A) equipment or tack; or
(B) an equine;
to a participant contains in clearly readable print the warning noticeset forth in section 5 of this chapter.
(b) The warning notice required by subsection (a) must beincluded in a written contract described in subsection (a) whether ornot the contract involves equine activities on or off the location orsite of the equine professional's business.
As added by P.L.1-1998, SEC.27.
IC 34-31-5-5
Contents of warning notice
Sec. 5. The warning notice that must be printed on a sign undersection 3 of this chapter and included in a written contract undersection 4 of this chapter is as follows:
WARNING
Under Indiana law, an equine professional is not liable for aninjury to, or the death of, a participant in equine activitiesresulting from the inherent risks of equine activities.
As added by P.L.1-1998, SEC.27.