§ 99E-1. Definitions. - North Carolina Statutes

Chapter99E.

Special Liability Provisions.

Article 1.

Equine ActivityLiability.

§ 99E‑1.  Definitions.

As used in this Article, theterm:

(1)        "Engage in anequine activity" means participate in an equine activity, assist aparticipant in an equine activity, or assist an equine activity sponsor orequine professional. The term "engage in an equine activity" does notinclude being a spectator at an equine activity, except in cases in which thespectator places himself in an unauthorized area and in immediate proximity tothe equine activity.

(2)        "Equine"means a horse, pony, mule, donkey, or hinny.

(3)        "Equineactivity" means any activity involving an equine.

(4)        "Equineactivity sponsor" means an individual, group, club, partnership, orcorporation, whether the sponsor is operating for profit or nonprofit, whichsponsors, organizes, or provides the facilities for an equine activity. Theterm includes operators and promoters of equine facilities.

(5)        "Equineprofessional" means a person engaged for compensation in any one or moreof the following:

a.         Instructing aparticipant.

b.         Renting an equine toa participant for the purpose of riding, driving, or being a passenger upon theequine.

c.         Renting equipment ortack to a participant.

d.         Examining oradministering medical treatment to an equine.

e.         Hooftrimming orplacing or replacing horseshoes on an equine.

(6)        "Inherent risksof equine activities" means those dangers or conditions that are anintegral part of engaging in an equine activity, including any of thefollowing:

a.         The possibility ofan equine behaving in ways that may result in injury, harm, or death to personson or around them.

b.         The unpredictabilityof an equine's reaction to such things as sounds, sudden movement, unfamiliarobjects, persons, or other animals.

Inherentrisks of equine activities does not include a collision or accident involving amotor vehicle.

(7)        "Participant"means any person, whether amateur or professional, who engages in an equineactivity, whether or not a fee is paid to participate in the equine activity. (1997‑376,s. 1.)