Section 42-13-4 - Limitation on liability. - New Mexico Statutes

42-13-4. Limitation on liability.

A.     No person, corporation or partnership is liable for personal injuries to or for the death of a rider that may occur as a result of the behavior of equine animals while engaged in any equine activities.   

B.     No person, corporation or partnership shall make any claim against, maintain any action against or recover from a rider, operator, owner, trainer or promoter for injury, loss or damage resulting from equine behavior unless the acts or omissions of the rider, owner, operator, trainer or promoter constitute negligence.   

C.     Nothing in the Equine Liability Act shall be construed to prevent or limit the liability of the operator, owner, trainer or promoter of an equine activity who:   

(1)     provided the equipment or tack, and knew or should have known that the equipment or tack was faulty and an injury was the proximate result of the faulty condition of the equipment or tack;   

(2)     provided the equine and failed to make reasonable and prudent efforts to determine the ability of the rider to:   

(a)     engage safely in the equine activity; or   

(b)     safely manage the particular equine based on the rider's representations of his ability;   

(3)     owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which a rider sustained injuries because of a dangerous condition that was known to the operator, owner, trainer or promoter of the equine activity;   

(4)     committed an act or omission that constitutes conscious or reckless disregard for the safety of a rider and an injury was the proximate result of that act or omission; or   

(5)     intentionally injures a rider.