00HOUSE BILL NO. 479                                                                                                      
01 "An Act relating to civil liability for injuries or death resulting from equine                                         
02 activities."                                                                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.65 is amended by adding a new section to read:                                                   
05     Sec. 09.65.145.  IMMUNITY FOR INJURIES RESULTING FROM EQUINE                                                       
06 ACTIVITIES.  (a)  Except as provided in (b) of this section, a person, and the personal                                 
07 representative of a person, who suffers an injury or death resulting from an inherent                                   
08 risk of an equine activity may not recover civil damages from an equine activity                                        
09 sponsor or an equine professional.                                                                                      
10  (b)  This section does not affect a civil action for damages resulting from                                           
11   (1)  reckless or intentional misconduct of the equine activity sponsor or                                            
12 equine professional or agents or employees of the equine activity sponsor or equine                                     
13 professional; for purposes of this paragraph, "reckless" does not include gross                                         
14 negligence;                                                                                                             

01   (2)  a dangerous latent condition that is known or should have been                                                  
02 known to the equine activity sponsor or equine professional and for which warning                                       
03 signs have not been conspicuously posted if the equine activity sponsor or equine                                       
04 professional owns, leases, rents, or is otherwise in lawful possession and control of the                               
05 land or facilities where the injury or injuries resulting in death occurred;                                            
06   (3)  equipment or tack provided by the equine activity sponsor or equine                                             
07 professional;                                                                                                           
08   (4)  the failure of the equine activity sponsor or equine professional who                                           
09 provided the equine to make reasonable efforts to determine the ability of the injured                                  
10 person to participate safely in the equine activity and to safely manage the equine                                     
11 involved in the equine activity;                                                                                        
12   (5)  injury or death of a spectator, or of a person who engages in an                                                
13 equine activity but does not ride, train, or drive an equine;                                                           
14   (6)  a defective product.                                                                                            
15  (c)  In this section,                                                                                                 
16   (1)  "equine" means a horse, pony, mule, donkey, or hinny;                                                           
17   (2)  "equine activity" means a show, fair, competition, performance, or                                              
18 parade involving an equine, equine riding, inspecting, evaluating, boarding, training,                                  
19 or teaching;                                                                                                            
20   (3)  "equine activity sponsor" means a person who provides land or                                                   
21 facilities for an equine activity;                                                                                      
22   (4)  "equine professional" means a person who receives compensation                                                  
23 for instructing during an equine activity or compensation for the use of an equine;                                     
24   (5)  "inherent risk of an equine activity" means a danger or condition                                               
25 that is an integral part of an equine activity, including                                                               
26   (A)  the propensity of an equine to behave in a way that may                                                        
27 result in injury, harm, or death to a person on or around the equine;                                                   
28   (B)  the unpredictability of an equine's reaction to a sound,                                                       
29 sudden movement, or unfamiliar object, person, or other animal;                                                         
30   (C)  collisions with other equines or objects; or                                                                   
31   (D)  the potential of a person to act in a negligent manner that                                                    

01 may contribute to injury to the person or others.                                                                       
02    * Sec. 2.  This Act applies to a civil action that accrues on or after the effective date of this                    
03 Act.