HB 479: "An Act relating to civil liability for injuries or death resulting from equine activities."

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.