Article 40.--ASSUMPTION OF RISK OF DOMESTIC ANIMAL ACTIVITY
60-4001.Definitions.As used in this act:
(a) "Engages in a domestic animal activity" means riding,training, boarding, loading, hauling, breeding, racing, providing or assistinginmedical treatment of, driving, or being a passenger upon a domestic animal orin or ona vehicle pulled or pushed by a domestic animal, whether mounted or unmountedor anyperson assisting a participant or show management. The term "engages in anactivity involving domestic animals" does not include being a spectator at anactivity involving domestic animals,except in cases where the spectator places the spectator's self in anunauthorized area andin immediate proximity to the activity involving domestic animals.
(b) "Domestic animal" means a cow, swine, sheep, goat, domesticated deer,llama, poultry, rabbit, horse, pony, mule, jenny, donkey,hinny, bison, camels, giraffes or any creature of the ratite family,including but not limited to, an ostrich, emu or rhea.
(c) "Domestic animal activity" means, but is not limited to:
(1) Shows, fairs, competitions, performances or parades that involveany or all breeds of domestic animals and any of the equine disciplines,including, butnot limited to, dressage, hunter and jumper horse shows, grand prix jumping,three-day events, combined training, rodeos, driving, pulling, cutting, polo,steeple chasing, English and western performance riding, trail riding,endurance trail ridingand western games, and hunting;
(2) domestic animal training or teaching activities or both;
(3) boarding domestic animals;
(4) riding, inspecting or evaluating domestic animals belonging to another,whetheror not the owner has received some monetary consideration or other thing ofvalue for the use of the domestic animals or is permitting a prospectivepurchaser of thedomestic animals to ride, inspect or evaluate the domestic animals;
(5) rides, trips, hunts or other domestic animal activities of any typehoweverinformal or impromptu that are sponsored by a domestic animal activity sponsor;and
(6) hoofcare and placing or replacing shoes on a domestic animal.
(d) "Domestic animal activity sponsor" means an individual, group, club,partnershipor corporation, whether or not the sponsor is operating for profit ornonprofit, which sponsors, organizes or provides the facilities for, a domesticanimalactivity, including but not limited to: Pony clubs, 4-H clubs, hunt clubs,riding clubs, trail rides, racetrack, school and college-sponsored classes,programs andactivities,therapeutic riding programs, breeding farms, training farms and operators,instructors, and promoters ofdomestic animal facilities, including, but not limited to, stables, clubhouses,pony ridestrings, fairs and arenas at which the activity is held.
(e) "Domestic animal professional" means an individual, partnership orcorporation and such individual or entities' employees engaged in a domesticanimal activity for compensation:
(1) In instructing a participant or renting to a participant a domesticanimal forthe purpose of riding, driving or being a passenger upon the domestic animal,or apassenger in or on a vehicle pulled or pushed by a domestic animal; or
(2) in renting equipment or tack to a participant.
(f) "Inherent risks of domestic animal activities" means those dangers orconditionswhich are an integral part of domestic animal activities, including, but notlimited to:
(1) The propensity of a domestic animal to run, buck, bite, shy, stumble,rear, fall, step on or behave in ways that may result in injury,harm or death to persons on or around them;
(2) the unpredictability of a domestic animal's reaction to such things assounds,sudden movement and unfamiliar objects, persons or other animals;
(3) certain hazards such as surface and subsurface conditions;
(4) collisions with other domestic animals or objects; and
(5) the potential of a participant to act in a negligent manner that maycontribute to injury to the participant or others, such as failing to maintaincontrol over the animal or not acting within such participant's ability.
(g) "Participant" means any person whoengages in a domestic animal activity.
History: L. 1994, ch. 290, § 1;L. 2001, ch. 60, § 1; July 1.
Article 40.--ASSUMPTION OF RISK OF DOMESTIC ANIMAL ACTIVITY
60-4001.Definitions.As used in this act:
(a) "Engages in a domestic animal activity" means riding,training, boarding, loading, hauling, breeding, racing, providing or assistinginmedical treatment of, driving, or being a passenger upon a domestic animal orin or ona vehicle pulled or pushed by a domestic animal, whether mounted or unmountedor anyperson assisting a participant or show management. The term "engages in anactivity involving domestic animals" does not include being a spectator at anactivity involving domestic animals,except in cases where the spectator places the spectator's self in anunauthorized area andin immediate proximity to the activity involving domestic animals.
(b) "Domestic animal" means a cow, swine, sheep, goat, domesticated deer,llama, poultry, rabbit, horse, pony, mule, jenny, donkey,hinny, bison, camels, giraffes or any creature of the ratite family,including but not limited to, an ostrich, emu or rhea.
(c) "Domestic animal activity" means, but is not limited to:
(1) Shows, fairs, competitions, performances or parades that involveany or all breeds of domestic animals and any of the equine disciplines,including, butnot limited to, dressage, hunter and jumper horse shows, grand prix jumping,three-day events, combined training, rodeos, driving, pulling, cutting, polo,steeple chasing, English and western performance riding, trail riding,endurance trail ridingand western games, and hunting;
(2) domestic animal training or teaching activities or both;
(3) boarding domestic animals;
(4) riding, inspecting or evaluating domestic animals belonging to another,whetheror not the owner has received some monetary consideration or other thing ofvalue for the use of the domestic animals or is permitting a prospectivepurchaser of thedomestic animals to ride, inspect or evaluate the domestic animals;
(5) rides, trips, hunts or other domestic animal activities of any typehoweverinformal or impromptu that are sponsored by a domestic animal activity sponsor;and
(6) hoofcare and placing or replacing shoes on a domestic animal.
(d) "Domestic animal activity sponsor" means an individual, group, club,partnershipor corporation, whether or not the sponsor is operating for profit ornonprofit, which sponsors, organizes or provides the facilities for, a domesticanimalactivity, including but not limited to: Pony clubs, 4-H clubs, hunt clubs,riding clubs, trail rides, racetrack, school and college-sponsored classes,programs andactivities,therapeutic riding programs, breeding farms, training farms and operators,instructors, and promoters ofdomestic animal facilities, including, but not limited to, stables, clubhouses,pony ridestrings, fairs and arenas at which the activity is held.
(e) "Domestic animal professional" means an individual, partnership orcorporation and such individual or entities' employees engaged in a domesticanimal activity for compensation:
(1) In instructing a participant or renting to a participant a domesticanimal forthe purpose of riding, driving or being a passenger upon the domestic animal,or apassenger in or on a vehicle pulled or pushed by a domestic animal; or
(2) in renting equipment or tack to a participant.
(f) "Inherent risks of domestic animal activities" means those dangers orconditionswhich are an integral part of domestic animal activities, including, but notlimited to:
(1) The propensity of a domestic animal to run, buck, bite, shy, stumble,rear, fall, step on or behave in ways that may result in injury,harm or death to persons on or around them;
(2) the unpredictability of a domestic animal's reaction to such things assounds,sudden movement and unfamiliar objects, persons or other animals;
(3) certain hazards such as surface and subsurface conditions;
(4) collisions with other domestic animals or objects; and
(5) the potential of a participant to act in a negligent manner that maycontribute to injury to the participant or others, such as failing to maintaincontrol over the animal or not acting within such participant's ability.
(g) "Participant" means any person whoengages in a domestic animal activity.
History: L. 1994, ch. 290, § 1;L. 2001, ch. 60, § 1; July 1.
Article 40.--ASSUMPTION OF RISK OF DOMESTIC ANIMAL ACTIVITY
60-4001.Definitions.As used in this act:
(a) "Engages in a domestic animal activity" means riding,training, boarding, loading, hauling, breeding, racing, providing or assistinginmedical treatment of, driving, or being a passenger upon a domestic animal orin or ona vehicle pulled or pushed by a domestic animal, whether mounted or unmountedor anyperson assisting a participant or show management. The term "engages in anactivity involving domestic animals" does not include being a spectator at anactivity involving domestic animals,except in cases where the spectator places the spectator's self in anunauthorized area andin immediate proximity to the activity involving domestic animals.
(b) "Domestic animal" means a cow, swine, sheep, goat, domesticated deer,llama, poultry, rabbit, horse, pony, mule, jenny, donkey,hinny, bison, camels, giraffes or any creature of the ratite family,including but not limited to, an ostrich, emu or rhea.
(c) "Domestic animal activity" means, but is not limited to:
(1) Shows, fairs, competitions, performances or parades that involveany or all breeds of domestic animals and any of the equine disciplines,including, butnot limited to, dressage, hunter and jumper horse shows, grand prix jumping,three-day events, combined training, rodeos, driving, pulling, cutting, polo,steeple chasing, English and western performance riding, trail riding,endurance trail ridingand western games, and hunting;
(2) domestic animal training or teaching activities or both;
(3) boarding domestic animals;
(4) riding, inspecting or evaluating domestic animals belonging to another,whetheror not the owner has received some monetary consideration or other thing ofvalue for the use of the domestic animals or is permitting a prospectivepurchaser of thedomestic animals to ride, inspect or evaluate the domestic animals;
(5) rides, trips, hunts or other domestic animal activities of any typehoweverinformal or impromptu that are sponsored by a domestic animal activity sponsor;and
(6) hoofcare and placing or replacing shoes on a domestic animal.
(d) "Domestic animal activity sponsor" means an individual, group, club,partnershipor corporation, whether or not the sponsor is operating for profit ornonprofit, which sponsors, organizes or provides the facilities for, a domesticanimalactivity, including but not limited to: Pony clubs, 4-H clubs, hunt clubs,riding clubs, trail rides, racetrack, school and college-sponsored classes,programs andactivities,therapeutic riding programs, breeding farms, training farms and operators,instructors, and promoters ofdomestic animal facilities, including, but not limited to, stables, clubhouses,pony ridestrings, fairs and arenas at which the activity is held.
(e) "Domestic animal professional" means an individual, partnership orcorporation and such individual or entities' employees engaged in a domesticanimal activity for compensation:
(1) In instructing a participant or renting to a participant a domesticanimal forthe purpose of riding, driving or being a passenger upon the domestic animal,or apassenger in or on a vehicle pulled or pushed by a domestic animal; or
(2) in renting equipment or tack to a participant.
(f) "Inherent risks of domestic animal activities" means those dangers orconditionswhich are an integral part of domestic animal activities, including, but notlimited to:
(1) The propensity of a domestic animal to run, buck, bite, shy, stumble,rear, fall, step on or behave in ways that may result in injury,harm or death to persons on or around them;
(2) the unpredictability of a domestic animal's reaction to such things assounds,sudden movement and unfamiliar objects, persons or other animals;
(3) certain hazards such as surface and subsurface conditions;
(4) collisions with other domestic animals or objects; and
(5) the potential of a participant to act in a negligent manner that maycontribute to injury to the participant or others, such as failing to maintaincontrol over the animal or not acting within such participant's ability.
(g) "Participant" means any person whoengages in a domestic animal activity.
History: L. 1994, ch. 290, § 1;L. 2001, ch. 60, § 1; July 1.
