537.325. Definitions--liability for equine activities, limitations, exceptions--signs required, contents. - Missouri Statutes

Definitions--liability for equine activities, limitations,exceptions--signs required, contents.

537.325. 1. As used in this section, unless the contextotherwise requires, the following words and phrases shall mean:

(1) "Engages in an equine activity", * riding, training,assisting in medical treatment of, driving or being a passengerupon an equine, whether mounted or unmounted, or any personassisting a participant or any person involved in showmanagement. The term "engages in an equine activity" does notinclude being a spectator at an equine activity, except in caseswhere the spectator places himself in an unauthorized area;

(2) "Equine", * a horse, pony, mule, donkey or hinny;

(3) "Equine activity" *:

(a) Equine shows, fairs, competitions, performances orparades that involve any or all breeds of equines and any of theequine disciplines, including, but not limited to, dressage,hunter and jumper horse shows, grand prix jumping, three-dayevents, combined training, rodeos, driving, pulling, cutting,polo, steeplechasing, English and western performance riding,endurance trail riding and western games and hunting;

(b) Equine training or teaching activities or both;

(c) Boarding equines;

(d) Riding, inspecting or evaluating an equine belonging toanother, whether or not the owner has received some monetaryconsideration or other thing of value for the use of the equineor is permitting a prospective purchaser of the equine to ride,inspect or evaluate the equine;

(e) Rides, trips, hunts or other equine activities of anytype however informal or impromptu that are sponsored by anequine activity sponsor; and

(f) Placing or replacing horseshoes on an equine;

(4) "Equine activity sponsor", * an individual, group, club,partnership or corporation, whether or not operating for profitor nonprofit, or any employee thereof, which sponsors, organizesor provides the facilities for, an equine activity, including butnot limited to pony clubs, 4-H clubs, hunt clubs, riding clubs,school- and college-sponsored classes, programs and activities,therapeutic riding programs and operators, instructors andpromoters of equine facilities, including but not limited tostables, clubhouses, pony ride strings, fairs and arenas at whichthe activity is held;

(5) "Equine professional", * a person engaged forcompensation, or an employee of such a person engaged:

(a) In instructing a participant or renting to a participantan equine for the purpose of riding, driving or being a passengerupon the equine; or

(b) In renting equipment or tack to a participant;

(6) "Inherent risks of equine activities", * those dangers orconditions which are an integral part of equine activities,including but not limited to:

(a) The propensity of any equine to behave in ways that mayresult in injury, harm or death to persons on or around it**;

(b) The unpredictability of any equine's reaction to suchthings as sounds, sudden movement and unfamiliar objects, personsor other animals;

(c) Certain hazards such as surface and subsurfaceconditions;

(d) Collisions with other equines or objects;

(e) The potential of a participant to act in a negligentmanner that may contribute to injury to the participant orothers, such as failing to maintain control over the animal ornot acting within his ability;

(7) "Participant", * any person, whether amateur orprofessional, who engages in an equine activity, whether or not afee is paid to participate in the equine activity.

2. Except as provided in subsection 4 of this section, anequine activity sponsor, an equine professional or any otherperson or corporation shall not be liable for an injury to or thedeath of a participant resulting from the inherent risks ofequine activities and, except as provided in subsection 4 of thissection, no participant or a participant's representative shallmake any claim against, maintain an action against, or recoverfrom an equine activity sponsor, an equine professional, or anyother person from injury, loss, damage or death of theparticipant resulting from any of the inherent risks of equineactivities.

3. This section shall not apply to the horse racingindustry as regulated in sections 313.050 to 313.720, RSMo. Thissection shall not apply to any employer-employee relationshipgoverned by the provisions of, and for which liability isestablished pursuant to, chapter 287, RSMo.

4. The provisions of subsection 2 of this section shall notprevent or limit the liability of an equine activity sponsor, anequine professional or any other person if the equine activitysponsor, equine professional or person:

(1) Provided the equipment or tack and knew or should haveknown that the equipment or tack was faulty and such equipment ortack was faulty to the extent that it did cause the injury; or

(2) Provided the equine and failed to make reasonable andprudent efforts to determine the ability of the participant toengage safely in the equine activity and determine the ability ofthe participant to safely manage the particular equine based onthe participant's age, obvious physical condition or theparticipant's representations of his ability;

(3) Owns, leases, rents or otherwise is in lawful possessionand control of the land or facilities upon which the participantsustained injuries because of a dangerous latent condition whichwas known to the equine activity sponsor, equine professional orperson and for which warning signs have not been conspicuouslyposted;

(4) Commits an act or omission that constitutes willful orwanton disregard for the safety of the participant and that actor omission caused the injury;

(5) Intentionally injures the participant;

(6) Fails to use that degree of care that an ordinarilycareful and prudent person would use under the same or similarcircumstances.

5. The provisions of subsection 2 of this section shall notprevent or limit the liability of an equine activity sponsor oran equine professional under liability provisions as set forth inany other section of law.

6. Every equine activity sponsor shall post and maintainsigns which contain the warning notice specified in thissubsection. Such signs shall be placed in a clearly visiblelocation on or near stables, corrals or arenas where the equineprofessional conducts equine activities if such stables, corralsor arenas are owned, managed or controlled by the equineprofessional. The warning notice specified in this subsectionshall appear on the sign in black letters on a white backgroundwith each letter to be a minimum of one inch in height. Everywritten contract entered into by an equine professional andequine activity sponsor for the providing of professionalservices, instruction or the rental of equipment or tack or anequine to a participant, whether or not the contract involvesequine activities on or off the location or site of the equineprofessional's or equine activity sponsor's business, shallcontain in clearly readable print the warning notice specified inthis subsection. The signs and contracts described in thissubsection shall contain the following warning notice:

WARNING

Under Missouri law, an equine professional 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 the Revised Statutes of Missouri.

(L. 1994 S.B. 457)

*Word "means" appears here in original rolls.

**Word "them" appears in original rolls.

(2004) Exculpatory clause must show clear and unmistakable waiver and shifting of risk to be enforceable, and section does not relieve riding instructors or stable owners of duty to exercise reasonable care. Frank v. Mathews, 136 S.W.3d 196 (Mo.App.W.D.).