§ 99E-2. Liability.

NORTH CAROLINA STATUTES AND CODES

§99E‑2. Liability.

(a) Except as providedin subsection (b) of this section, an equine activity sponsor, an equineprofessional, or any other person engaged in an equine activity, including acorporation or partnership, shall not be liable for an injury to or the deathof a participant resulting from the inherent risks of equine activities and,except as provided in subsection (b) of this section, no participant orparticipant's representative shall maintain an action against or recover froman equine activity sponsor, an equine professional, or any other person engagedin an equine activity for injury, loss, damage, or death of the participantresulting exclusively from any of the inherent risks of equine activities.

(b) Nothing insubsection (a) of this section shall prevent or limit the liability of anequine activity sponsor, an equine professional, or any other person engaged inan equine activity if the equine activity sponsor, equine professional, orperson engaged in an equine activity does any one or more of the following:

(1) Provides theequipment or tack, and knew or should have known that the equipment or tack wasfaulty, and such faulty equipment or tack proximately caused the injury,damage, or death.

(2) Provides the equineand failed to make reasonable and prudent efforts to determine the ability ofthe participant to engage safely in the equine activity or to safely manage theparticular equine.

(3) Commits an act oromission that constitutes willful or wanton disregard for the safety of theparticipant, and that act or omission proximately caused the injury, damage, ordeath.

(4) Commits any otheract of negligence or omission that proximately caused the injury, damage, ordeath.

(c) Nothing insubsection (a) of this section shall prevent or limit the liability of anequine activity sponsor, an equine professional, or any other person engaged inan equine activity under liability provisions as set forth in the productsliability laws. (1997‑376, s. 1.)