60-4003. Same; limitations. - Kansas Statutes

60-4003

Chapter 60.--PROCEDURE, CIVIL Article 40.--ASSUMPTION OF RISK OF DOMESTIC ANIMAL ACTIVITY

      60-4003.   Same; limitations.(a) Nothing in K.S.A. 60-4002 shall prevent or limit the liabilityof a domestic animal activity sponsor, a domestic animal professional or anyother person ifthe domestic animal activity sponsor, domestic animal professional or person:

      (1) (A)   Provided the equipment or tack, which was faulty, and suchequipment or tack was faulty to theextent that it did cause the injury; or

      (B)   provided the domestic animal and failed to make a reasonable effort todetermine the ability of the participant to manage the particular domesticanimalbased on the participant's representations of such participant's ability;

      (2)   owns, leases, rents or otherwise is in lawful possession and control ofthe land or facilities upon which the participant sustained injuries because ofa dangerous condition which was known to the domestic animal activity sponsor,domestic animal professional or person and not made known to the participant;

      (3)   commits an act or omission that falls below the standard of care of areasonable domestic animal activity sponsor, domestic animal professional orother person engaged in domestic animal activities in the same locality; or

      (4)   injures the participant by willful, wanton or intentional conduct.

      (b)   Nothing in K.S.A. 60-4002 shall prevent or limit theliability of a domestic animal activity sponsor or a domestic animalprofessionalunder liability provisions set forth in the products liability laws or underliability provisions of article 4 of chapter 29 of the Kansas StatutesAnnotated, and amendments thereto.

      History:   L. 1994, ch. 290, § 3; July 1.