S T A T E O F N E W Y O R K
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3195
2011-2012 Regular Sessions
I N S E N A T E
February 11, 2011
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Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to creating the
equine activity safety code
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general obligations law is amended by adding a new
article 18-B to read as follows:
ARTICLE 18-B
EQUINE ACTIVITY SAFETY CODE
SECTION 18-301. SHORT TITLE.
18-302. DEFINITIONS.
18-303. LIABILITY OF PERSONS INVOLVED IN EQUINE ACTIVITIES.
18-304. LIMITATION OF LIABILITY.
18-305. WAIVER.
18-306. POSTING AND NOTIFICATION.
S 18-301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "EQUINE ACTIVITY LIABILITY ACT".
S 18-302. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
WORDS OR PHRASES SHALL BE DEFINED AS FOLLOWS:
1. "EQUINE" MEANS A HORSE, PONY, MULE, DONKEY, HINNY, ZEBRA, ZEBRA
HYBRID, OR ALPACA.
2. (A) "EQUINE ACTIVITY" MEANS ANY OF THE FOLLOWING:
(I) AN EQUINE SHOW, FAIR, COMPETITION, PERFORMANCE, OR PARADE THAT
INVOLVES AN EQUINE AND AN EQUINE DISCIPLINE, INCLUDING, BUT NOT LIMITED
TO, DRESSAGE, A HUNTER AND JUMPER SHOW, GRAND PRIX JUMPING, A THREE-DAY
EVENT, COMBINED TRAINING, A RODEO, DRIVING, PULLING, CUTTING, REINING,
TEAM PENNING, BARREL RACING, POLO, STEEPLE CHASING, ENGLISH OR WESTERN
PERFORMANCE RIDING, ENDURANCE OR NON-ENDURANCE TRAIL RIDING, WESTERN
GAMES, HUNTING, PACKING, AND RECREATIONAL RIDING;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06836-01-1
S. 3195 2
(II) AN EQUINE OR RIDER TRAINING, TEACHING, INSTRUCTING, TESTING, OR
EVALUATING ACTIVITY, INCLUDING, BUT NOT LIMITED TO, A CLINIC, SEMINAR,
OR SYMPOSIUM;
(III) THE BOARDING OF AN EQUINE, INCLUDING, BUT NOT LIMITED TO, NORMAL
DAILY CARE OF AN EQUINE;
(IV) THE TRAILERING, LOADING, UNLOADING, OR TRANSPORTING OF AN EQUINE;
(V) THE RIDING, INSPECTING, OR EVALUATING OF AN EQUINE OWNED BY ANOTH-
ER PERSON, REGARDLESS OF WHETHER THE OWNER HAS RECEIVED ANYTHING OF
VALUE FOR THE USE OF THE EQUINE OR IS PERMITTING A PROSPECTIVE PURCHASER
OF THE EQUINE TO RIDE, INSPECT, OR EVALUATE IT;
(VI) A RIDE, TRIP, HUNT, BRANDING, ROUNDUP, CATTLE DRIVE, OR OTHER
ACTIVITY THAT INVOLVES AN EQUINE AND THAT IS SPONSORED BY AN EQUINE
ACTIVITY SPONSOR, REGARDLESS OF WHETHER THE ACTIVITY IS FORMAL,
INFORMAL, PLANNED, OR IMPROMPTU;
(VII) THE PLACING OR REPLACING OF HORSESHOES ON AN EQUINE, THE REMOV-
ING OF HORSESHOES FROM AN EQUINE, OR THE TRIMMING OF THE HOOVES OF AN
EQUINE;
(VIII) THE PROVISION OF OR ASSISTANCE IN THE PROVISION OF VETERINARY
TREATMENT OR MAINTENANCE CARE FOR AN EQUINE;
(IX) THE CONDUCTING OF PROCEDURES OR ASSISTANCE IN THE CONDUCTING OF
PROCEDURES NECESSARY TO BREED AN EQUINE BY MEANS OF ARTIFICIAL INSEMINA-
TION OR OTHERWISE.
(B) "EQUINE ACTIVITY" DOES NOT INCLUDE HORSE OR MULE RACING.
3. "EQUINE ACTIVITY PARTICIPANT" MEANS A PERSON WHO ENGAGES IN ANY OF
THE FOLLOWING ACTIVITIES, REGARDLESS OF WHETHER THE PERSON IS AN AMATEUR
OR A PROFESSIONAL OR WHETHER A FEE IS PAID TO PARTICIPATE IN THE PARTIC-
ULAR ACTIVITY:
(A) RIDING, TRAINING, DRIVING, OR CONTROLLING IN ANY MANNER AN EQUINE,
WHETHER THE EQUINE IS MOUNTED OR UNMOUNTED;
(B) BEING A PASSENGER UPON AN EQUINE;
(C) PROVIDING MEDICAL TREATMENT TO AN EQUINE;
(D) CONDUCTING PROCEDURES OR ASSISTING IN CONDUCTING PROCEDURES NECES-
SARY TO BREED AN EQUINE BY MEANS OF ARTIFICIAL INSEMINATION OR OTHER-
WISE;
(E) ASSISTING A PERSON WHO IS ENGAGED IN AN ACTIVITY DESCRIBED IN
PARAGRAPH (A), (B), (C) OR (D) OF THIS SUBDIVISION;
(F) SPONSORING AN EQUINE ACTIVITY;
(G) BEING A SPECTATOR AT AN EQUINE ACTIVITY.
4. "EQUINE ACTIVITY SPONSOR" MEANS EITHER OF THE FOLLOWING PERSONS:
(A) A PERSON WHO, FOR PROFIT OR NOT FOR PROFIT, SPONSORS, ORGANIZES,
OR PROVIDES A FACILITY FOR AN EQUINE ACTIVITY, INCLUDING, BUT NOT LIMIT-
ED TO, A PONY CLUB, 4-H CLUB, HUNT CLUB, RIDING CLUB, OR THERAPEUTIC
RIDING PROGRAM, OR A CLASS, PROGRAM, OR ACTIVITY THAT IS SPONSORED BY A
SCHOOL, COLLEGE, OR UNIVERSITY;
(B) AN OPERATOR OR PROMOTER OF, OR AN INSTRUCTOR AT, AN EQUINE FACILI-
TY, SUCH AS A STABLE, CLUBHOUSE, PONY RIDE, FAIR, TRAINING FACILITY,
SHOW GROUND, OR ARENA AT WHICH AN EQUINE ACTIVITY IS HELD.
5. "EQUINE PROFESSIONAL" MEANS A PERSON WHO ENGAGES FOR COMPENSATION
IN ANY OF THE FOLLOWING ACTIVITIES:
(A) TRAINING, TEACHING, INSTRUCTING, TESTING, OR EVALUATING AN EQUINE
OR AN EQUINE ACTIVITY PARTICIPANT;
(B) RENTING TO AN EQUINE ACTIVITY PARTICIPANT AN EQUINE FOR THE
PURPOSE OF RIDING, DRIVING, OR BEING A PASSENGER UPON AN EQUINE;
(C) RENTING EQUIPMENT OR TACK TO AN EQUINE ACTIVITY PARTICIPANT FOR
USE IN AN EQUINE ACTIVITY;
(D) PROVIDING DAILY CARE TO AN EQUINE BOARDED AT AN EQUINE ACTIVITY;
S. 3195 3
(E) PROVIDING OR ASSISTING IN PROVIDING VETERINARY TREATMENT OR MAIN-
TENANCE CARE TO AN EQUINE;
(F) CONDUCTING PROCEDURES OR ASSISTING IN CONDUCTING PROCEDURES NECES-
SARY TO BREED AN EQUINE BY MEANS OF ARTIFICIAL INSEMINATION OR OTHER-
WISE.
6. "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY.
7. "INHERENT RISK OF AN EQUINE ACTIVITY" MEANS A DANGER OR CONDITION
THAT IS AN INTEGRAL PART OF AN EQUINE ACTIVITY, INCLUDING, BUT NOT
LIMITED TO, ANY OF THE FOLLOWING:
(A) THE PROPENSITY OF AN EQUINE TO BEHAVE IN WAYS THAT MAY RESULT IN
INJURY, DEATH, OR LOSS TO PERSONS ON OR AROUND THE EQUINE;
(B) THE UNPREDICTABILITY OF AN EQUINE'S REACTION TO SOUNDS, SUDDEN
MOVEMENT, UNFAMILIAR OBJECTS, PERSONS, OR OTHER ANIMALS;
(C) HAZARDS, INCLUDING, BUT NOT LIMITED TO, SURFACE OR SUBSURFACE
CONDITIONS;
(D) A COLLISION WITH ANOTHER EQUINE, ANOTHER ANIMAL, A PERSON, OR AN
OBJECT;
(E) THE POTENTIAL OF AN EQUINE ACTIVITY PARTICIPANT TO ACT IN A NEGLI-
GENT MANNER THAT MAY CONTRIBUTE TO INJURY, DEATH, OR LOSS TO THE PERSON
OF THE PARTICIPANT OR TO OTHER PERSONS, INCLUDING, BUT NOT LIMITED TO,
FAILING TO MAINTAIN CONTROL OVER AN EQUINE OR FAILING TO ACT WITHIN THE
ABILITY OF THE PARTICIPANT.
8. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST, ESTATE,
TRUST, PARTNERSHIP, OR ASSOCIATION.
9. "TORT ACTION" MEANS A CIVIL ACTION FOR DAMAGES FOR INJURY, DEATH,
OR LOSS TO PERSON OR PROPERTY. "TORT ACTION" DOES NOT INCLUDE A CIVIL
ACTION FOR DAMAGES FOR A BREACH OF CONTRACT OR ANOTHER AGREEMENT BETWEEN
PERSONS.
10. "VETERINARIAN" MEANS A PERSON WHO IS LICENSED TO PRACTICE VETERI-
NARY MEDICINE IN THIS STATE.
S 18-303. LIABILITY OF PERSONS INVOLVED IN EQUINE ACTIVITIES. EXCEPT
AS PROVIDED IN SECTION 18-304 OF THIS ARTICLE, AN EQUINE ACTIVITY SPON-
SOR, EQUINE ACTIVITY PARTICIPANT, EQUINE PROFESSIONAL, VETERINARIAN,
FARRIER, OR OTHER PERSON IS NOT LIABLE IN DAMAGES IN A TORT OR OTHER
CIVIL ACTION FOR HARM THAT AN EQUINE ACTIVITY PARTICIPANT ALLEGEDLY
SUSTAINS DURING AN EQUINE ACTIVITY AND THAT RESULTS FROM AN INHERENT
RISK OF AN EQUINE ACTIVITY. EXCEPT AS PROVIDED IN SECTION 18-304 OF THIS
ARTICLE, AN EQUINE ACTIVITY PARTICIPANT OR THE PERSONAL REPRESENTATIVE
OF AN EQUINE ACTIVITY PARTICIPANT DOES NOT HAVE A CLAIM OR CAUSE OF
ACTION UPON WHICH A RECOVERY OF DAMAGES MAY BE BASED AGAINST, AND MAY
NOT RECOVER DAMAGES IN A TORT OR OTHER CIVIL ACTION AGAINST, AN EQUINE
ACTIVITY SPONSOR, ANOTHER EQUINE ACTIVITY PARTICIPANT, AN EQUINE PROFES-
SIONAL, A VETERINARIAN, A FARRIER, OR ANOTHER PERSON FOR HARM THAT THE
EQUINE ACTIVITY PARTICIPANT ALLEGEDLY SUSTAINED DURING AN EQUINE ACTIV-
ITY AND THAT RESULTED FROM AN INHERENT RISK OF AN EQUINE ACTIVITY.
S 18-304. LIMITATION OF LIABILITY. THE IMMUNITY FROM TORT OR OTHER
CIVIL LIABILITY CONFERRED BY SECTION 18-303 OF THIS ARTICLE IS FORFEITED
IF ANY OF THE FOLLOWING CIRCUMSTANCES APPLIES:
1. AN EQUINE ACTIVITY SPONSOR, EQUINE ACTIVITY PARTICIPANT, EQUINE
PROFESSIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON PROVIDES TO AN
EQUINE ACTIVITY PARTICIPANT FAULTY OR DEFECTIVE EQUIPMENT OR TACK AND
KNOWS OR SHOULD KNOW THAT THE EQUIPMENT OR TACK IS FAULTY OR DEFECTIVE,
AND THE FAULT OR DEFECT IN THE EQUIPMENT OR TACK PROXIMATELY CAUSES THE
HARM INVOLVED.
2. AN EQUINE ACTIVITY SPONSOR, EQUINE ACTIVITY PARTICIPANT, EQUINE
PROFESSIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON PROVIDES AN EQUINE
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TO AN EQUINE ACTIVITY PARTICIPANT AND FAILS TO MAKE REASONABLE AND
PRUDENT EFFORTS TO DETERMINE THE EQUINE ACTIVITY PARTICIPANT'S ABILITY
TO SAFELY ENGAGE IN THE EQUINE ACTIVITY OR TO SAFELY MANAGE THE EQUINE
BASED ON THE EQUINE ACTIVITY PARTICIPANT'S REPRESENTATIONS OF THE
PARTICIPANT'S ABILITY, THE EQUINE ACTIVITY PARTICIPANT FAILS TO SAFELY
ENGAGE IN THE EQUINE ACTIVITY OR TO SAFELY MANAGE THE EQUINE, AND THAT
FAILURE PROXIMATELY CAUSES THE HARM INVOLVED.
3. THE HARM INVOLVED IS PROXIMATELY CAUSED BY A DANGEROUS LATENT
CONDITION OF THE LAND ON WHICH OR THE PREMISES AT WHICH THE HARM OCCURS,
AN EQUINE ACTIVITY SPONSOR, EQUINE ACTIVITY PARTICIPANT, EQUINE PROFES-
SIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON OWNS, LEASES, RENTS, OR
OTHERWISE LAWFULLY POSSESSES AND CONTROLS THE LAND OR PREMISES AND KNOWS
OR SHOULD KNOW OF THE DANGEROUS LATENT CONDITION, BUT DOES NOT POST
CONSPICUOUSLY PRIOR TO THE TIME OF THE HARM INVOLVED ONE OR MORE SIGNS
THAT WARN OF THE DANGEROUS LATENT CONDITION PURSUANT TO SECTION 18-306
OF THIS ARTICLE.
4. AN ACT OR OMISSION OF AN EQUINE ACTIVITY SPONSOR, EQUINE ACTIVITY
PARTICIPANT, EQUINE PROFESSIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON
CONSTITUTES A WILLFUL OR WANTON DISREGARD FOR THE SAFETY OF AN EQUINE
ACTIVITY PARTICIPANT AND PROXIMATELY CAUSES THE HARM INVOLVED.
5. AN EQUINE ACTIVITY SPONSOR, EQUINE ACTIVITY PARTICIPANT, EQUINE
PROFESSIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON INTENTIONALLY CAUS-
ES THE HARM INVOLVED.
S 18-305. WAIVER. 1. NOTWITHSTANDING THE IMMUNITY CONFERRED BY SECTION
18-303 OF THIS ARTICLE AND THE GROUNDS FOR ITS FORFEITURE SPECIFIED IN
SECTION 18-304 OF THIS ARTICLE, SUBJECT TO SUBDIVISIONS THREE AND FOUR
OF THIS SECTION, AN EQUINE ACTIVITY SPONSOR, EQUINE ACTIVITY PARTIC-
IPANT, EQUINE PROFESSIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON IS
NOT LIABLE IN DAMAGES IN A TORT OR OTHER CIVIL ACTION FOR HARM THAT AN
EQUINE ACTIVITY PARTICIPANT ALLEGEDLY SUSTAINS DURING AN EQUINE ACTIVITY
AND THAT RESULTS FROM AN INHERENT RISK OF AN EQUINE ACTIVITY IF THAT
EQUINE ACTIVITY PARTICIPANT OR A PARENT, GUARDIAN, CUSTODIAN, OR OTHER
LEGAL REPRESENTATIVE OF THAT EQUINE ACTIVITY PARTICIPANT VOLUNTARILY
EXECUTES, PRIOR TO THE OCCURRENCE OF THE HARM INVOLVED, A WRITTEN WAIVER
AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUBJECT TO SUBDIVISIONS
THREE AND FOUR OF THIS SECTION, THE EQUINE ACTIVITY PARTICIPANT WHO IS
THE SUBJECT OF THAT WAIVER OR THE PARENT, GUARDIAN, CUSTODIAN, OR OTHER
LEGAL REPRESENTATIVE OF THE EQUINE ACTIVITY PARTICIPANT WHO IS THE
SUBJECT OF THAT WAIVER DOES NOT HAVE A CLAIM OR CAUSE OF ACTION UPON
WHICH A RECOVERY OF DAMAGES MAY BE BASED AGAINST, AND MAY NOT RECOVER
DAMAGES IN A TORT OR OTHER CIVIL ACTION AGAINST, AN EQUINE ACTIVITY
SPONSOR, ANOTHER EQUINE ACTIVITY PARTICIPANT, AN EQUINE PROFESSIONAL, A
VETERINARIAN, A FARRIER, OR ANOTHER PERSON IN WHOSE FAVOR THE WAIVER WAS
EXECUTED.
2. A VALID WAIVER FOR PURPOSES OF SUBDIVISION ONE OF THIS SECTION
SHALL BE IN WRITING AND SUBSCRIBED BY THE EQUINE ACTIVITY PARTICIPANT OR
THE PARENT, GUARDIAN, CUSTODIAN, OR OTHER LEGAL REPRESENTATIVE OF THE
EQUINE ACTIVITY PARTICIPANT, AND SHALL SPECIFY AT LEAST EACH INHERENT
RISK OF AN EQUINE ACTIVITY THAT IS LISTED IN SECTION 18-304 OF THIS
ARTICLE AND THAT WILL BE A SUBJECT OF THE WAIVER OF TORT OR OTHER CIVIL
LIABILITY AND SHALL CONTAIN THE NOTIFICATION REQUIRED BY SECTION 18-306
OF THIS ARTICLE.
3. A WAIVER IN THE FORM DESCRIBED IN SUBDIVISION TWO OF THIS SECTION
SHALL REMAIN VALID UNTIL IT IS REVOKED IN THE MANNER DESCRIBED IN SUBDI-
VISION FOUR OF THIS SECTION. UNLESS SO REVOKED, SUCH A WAIVER THAT
PERTAINS TO EQUINE ACTIVITIES SPONSORED BY A SCHOOL, COLLEGE, OR UNIVER-
S. 3195 5
SITY SHALL APPLY TO ALL EQUINE ACTIVITIES IN WHICH THE EQUINE ACTIVITY
PARTICIPANT WHO IS THE SUBJECT OF THE WAIVER IS INVOLVED DURING THE
TWELVE-MONTH PERIOD FOLLOWING THE EXECUTION OF THE WAIVER.
4. A VALID WAIVER IN THE FORM DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION MAY BE REVOKED IN WRITING BY THE EQUINE ACTIVITY PARTICIPANT OR
THE PARENT, GUARDIAN, CUSTODIAN, OR OTHER LEGAL REPRESENTATIVE OF THE
EQUINE ACTIVITY PARTICIPANT WHO EXECUTED THE WAIVER. THE REVOCATION OF
THE WAIVER DOES NOT AFFECT THE AVAILABILITY OF THE IMMUNITY CONFERRED BY
SECTION 18-303 OF THIS ARTICLE.
5. THIS SECTION DOES NOT CREATE A NEW CAUSE OF ACTION OR SUBSTANTIVE
LEGAL RIGHT AGAINST AN EQUINE ACTIVITY SPONSOR, EQUINE ACTIVITY PARTIC-
IPANT, EQUINE PROFESSIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON.
S 18-306. POSTING AND NOTIFICATION. 1. EVERY EQUINE PROFESSIONAL SHALL
POST AND MAINTAIN SIGNS WHICH CONTAIN THE WARNING NOTICE SPECIFIED IN
SUBDIVISION TWO OF THIS SECTION. SUCH SIGNS SHALL BE PLACED IN A CLEARLY
VISIBLE LOCATION IN THE PROXIMITY OF THE EQUINE ACTIVITY. THE WARNING
NOTICE SPECIFIED IN SUBDIVISION TWO OF THIS SECTION SHALL APPEAR ON THE
SIGN IN BLACK LETTERS, WITH EACH LETTER TO BE A MINIMUM OF ONE INCH IN
HEIGHT. EVERY WRITTEN WAIVER AND EVERY WRITTEN CONTRACT ENTERED INTO BY
AN EQUINE PROFESSIONAL FOR THE PROVIDING OF PROFESSIONAL SERVICES,
INSTRUCTION, OR THE RENTAL OF EQUIPMENT OR TACK OR AN EQUINE TO A
PARTICIPANT, WHETHER OR NOT THE CONTRACT INVOLVES EQUINE ACTIVITIES ON
OR OFF THE LOCATION OR SITE OF THE EQUINE PROFESSIONAL'S BUSINESS, SHALL
CONTAIN IN CLEARLY READABLE PRINT THE WARNING NOTICE SPECIFIED IN SUBDI-
VISION TWO OF THIS SECTION.
2. THE SIGNS, WAIVERS AND CONTRACTS DESCRIBED IN SUBDIVISION OF ONE
THIS SECTION SHALL CONTAIN THE FOLLOWING WARNING NOTICE:
WARNING
UNDER NEW YORK LAW, AN EQUINE PROFESSIONAL OR EQUINE ACTIVITY SPONSOR
IS NOT LIABLE FOR AN INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE
ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES,
PURSUANT TO SECTION 18-303 OF THE GENERAL OBLIGATIONS LAW.
S 2. This act shall take effect immediately and shall apply to causes
of action commenced on or after such effective date.