See other bills
under the
same topic
                                                      PRINTER'S NO. 1612

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1191 Session of 1997


        INTRODUCED BY MAITLAND, BENNINGHOFF, BROWN, EGOLF, FAIRCHILD,
           FARGO, FLEAGLE, FLICK, HANNA, HERMAN, HERSHEY, HUTCHINSON,
           LYNCH, MASLAND, MILLER, NICKOL, READSHAW, ROSS, RUBLEY,
           SAYLOR, SEMMEL, B. SMITH, STERN, E. Z. TAYLOR, TRUE, WAUGH
           AND ZUG, APRIL 29, 1997

        REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           APRIL 29, 1997

                                     AN ACT

     1  Providing for civil liability relating to equine activities, for
     2     exceptions thereto and for the posting and furnishing of
     3     certain notices.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Equine
     8  Activity Liability Law.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Engages in an equine activity."  The term includes riding,
    14  training, assisting in veterinary treatment of, driving or being
    15  a passenger upon an equine, whether mounted or unmounted,
    16  visiting or touring or utilizing an equine facility as part of


     1  an organized event or activity, or any person assisting a
     2  participant or show management. The term does not include being
     3  a spectator at an equine activity, except in cases where the
     4  spectator places himself or a minor or causes another to be
     5  placed in an unauthorized area or in immediate proximity to the
     6  equine activity.
     7     "Equine."  A horse, pony, mule or donkey.
     8     "Equine activity."
     9         (1)  Equine shows, fairs, competitions, performances or
    10     parades that involve any or all breeds of equines and any of
    11     the equine disciplines, including, but not limited to,
    12     dressage, hunter and jumper horse shows, Grand Prix jumping,
    13     three-day events, combined training, rodeos, riding, driving,
    14     pulling, cutting, polo, steeplechasing, English and western
    15     performance riding, endurance trail riding, gymkhana games
    16     and hunting.
    17         (2)  Equine training or teaching activities, or both.
    18         (3)  Boarding equines, including normal daily care
    19     thereof.
    20         (4)  Riding, inspecting or evaluating by a purchaser or
    21     an agent an equine belonging to another whether or not the
    22     owner has received some monetary consideration or other
    23     things of value for the use of the equine or is permitting a
    24     prospective purchaser of the equine to ride, inspect or
    25     evaluate the equine.
    26         (5)  Rides, trips, hunts or other equine activities of
    27     any type, however informal or impromptu, that are sponsored
    28     by an equine activity sponsor.
    29         (6)  Placing or replacing horseshoes or hoof trimming on
    30     an equine.
    19970H1191B1612                  - 2 -

     1         (7)  Providing or assisting in veterinary treatment.
     2     "Equine activity sponsor."  An individual, group, club,
     3  partnership or corporation, whether or not the sponsor is
     4  operating for profit or not for profit, which sponsors,
     5  organizes or provides the facilities for an equine activity,
     6  including, but not limited to, pony clubs, 4-H clubs, hunt
     7  clubs, riding clubs, school-sponsored and college-sponsored
     8  classes, programs and activities, therapeutic riding programs,
     9  stable and farm owners and operators, instructors and promoters
    10  or equine facilities, including, but not limited to, farms,
    11  stables, clubhouses, pony ride strings, fairs and arenas at
    12  which the activity is held.
    13     "Equine professional."  A person engaged for compensation in
    14  any of the following:
    15         (1)  Instructing a participant or renting to a
    16     participant an equine for the purpose of riding, driving or
    17     being a passenger upon the equine.
    18         (2)  Renting equipment or tack to a participant.
    19         (3)  Providing daily care of horses boarded at an equine
    20     facility.
    21         (4)  Training an equine.
    22     "Harm."  Injury, injury resulting in death or death.
    23     "Minor."  Any individual under the age of 15 years.
    24     "Participant."  Any person, whether amateur or professional,
    25  who engages in an equine activity whether or not a fee is paid
    26  to participate in the equine activity.
    27  Section 3.  Liability standard.
    28     (a)  General rule.--An equine activities sponsor, an equine
    29  professional or other person, which shall include a corporation
    30  or partnership, shall not be liable for harm to a participant
    19970H1191B1612                  - 3 -

     1  resulting from an equine activity unless the conduct of the
     2  person falls substantially below the standards generally
     3  practiced and accepted in like circumstances by similar persons
     4  rendering such services and unless it is shown that the person
     5  did an act or omitted the doing of an act which the person was
     6  under a recognized duty to another to do, knowing or having
     7  reason to know that the act or omission created a substantial
     8  risk of actual harm to the person or property of another. It
     9  shall be insufficient to impose liability to establish only that
    10  the conduct of the person fell below ordinary standards of care.
    11     (b)  Exceptions.--
    12         (1)  Nothing in this section shall be construed as
    13     affecting or modifying any existing legal basis for
    14     determining the liability or any defense thereto of any
    15     person not covered by the standard of negligence established
    16     by this section.
    17         (2)  Nothing in this section shall be construed as
    18     affecting or modifying the doctrine of assumption of risk or
    19     contributory fault on the part of the participant.
    20         (3)  Nothing in this section shall be construed as
    21     affecting or modifying the volunteer-in-public-service
    22     negligence standard found in 42 Pa.C.S. § 8332.4 (relating to
    23     volunteer-in-public-service negligence standard).
    24         (4)  The negligence standard created by this section
    25     shall not be deemed to abrogate or lessen any immunity or
    26     other protection against liability granted by statute or
    27     court decision.
    28         (5)  Nothing in this section shall prevent or limit the
    29     liability of an equine activity sponsor, an equine
    30     professional or any other person if the participant who was
    19970H1191B1612                  - 4 -

     1     harmed was a minor and the equine activity sponsor, equine
     2     professional or other person:
     3             (i)  provided the equipment or tack and knew or
     4         should have known that the equipment or tack was faulty,
     5         and such equipment or tack was faulty to the extent that
     6         it did cause the injury; or
     7             (ii)  provided the equine and failed to make
     8         reasonable and prudent efforts to determine the ability
     9         of the participant to engage safely in the equine
    10         activity and determine the ability of the participant to
    11         safely manage the particular equine based on
    12         representations of the participant's ability by the
    13         participant or an adult accompanying the participant.
    14         (6)  Nothing in this section shall prevent or limit the
    15     liability of an equine activity sponsor, an equine
    16     professional or any other person if the equine activity
    17     sponsor, equine professional or other person owns, leases,
    18     rents, has authorized use of or is otherwise in lawful
    19     possession and control of the land or facilities upon which
    20     the participant sustained injuries because of a dangerous
    21     latent condition which was known or should have been known to
    22     the equine activity sponsor, equine professional or person
    23     and for which warning signs were not conspicuously posted.
    24  Section 4.  Posting and notification.
    25     (a)  Posting requirements.--Every equine professional shall
    26  post and maintain signs which contain the warning notice
    27  specified in subsection (b). An equine professional who fails to
    28  post and maintain signs as required by this section forfeits any
    29  of the benefits of this act. The signs shall be placed in a
    30  clearly visible location in the proximity of the equine
    19970H1191B1612                  - 5 -

     1  activity. The warning notice specified in subsection (b) shall
     2  appear on the sign in black letters, with each letter to be a
     3  minimum of one inch in height. Every written contract entered
     4  into by an equine professional for the providing of professional
     5  services, instruction or the rental of equipment or tack or an
     6  equine to a participant, whether or not the contract involves
     7  equine activities on or off the location or site of the equine
     8  professional's business, shall contain in clearly readable print
     9  the warning notice specified in subsection (b). An equine
    10  professional may not benefit from this act's heightened
    11  liability standard for activities covered by a written contract
    12  which does not include the warning notice specified in
    13  subsection (b).
    14     (b)  Content of notice.--The signs and contracts described in
    15  subsection (a) shall contain the following warning notice:
    16         WARNING: Equines (horses, ponies, mules or donkeys) are
    17         potentially dangerous animals, and there are inherent
    18         risks relating to activities involving them. You may be
    19         bitten, kicked, stepped upon, thrown or subjected to
    20         other actions resulting in injuries. Pennsylvania's
    21         Equine Activity Liability Law assumes that individuals
    22         over 14 years of age are aware of those risks and will
    23         act in such a way as to minimize those risks.
    24  Section 5.  Effective date.
    25     This act shall take effect in 60 days.




    D11L35JRW/19970H1191B1612        - 6 -