53-10 Equine Activity Sponsor or Professional - North Dakota Statutes

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CHAPTER 53-10EQUINE ACTIVITY SPONSOR OR PROFESSIONAL53-10-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Engages in an equine activity" means a person who rides, trains, drives, or is a
passenger upon an equine, whether mounted or unmounted, and does not mean a
spectator in equine activity or a person who participates in the equine activity but
does not ride, train, drive, or ride as a passenger upon an equine.2."Equine" means a horse, pony, mule, donkey, or hinny.3."Equine activity" means:a.An equine show, fair, competition, performance, or parade that involves any
breed of equine in any equine discipline, including dressage, a hunter and
jumper horse show, grand prix jumping, a three-day event, combined training, a
rodeo, driving, pulling, cutting, polo, steeplechasing, endurance, trail riding,
guided trail rides, pleasure trail riding, wagon and buggy rides, and western
games and hunting;b.An equine training or teaching activity;c.Boarding an equine;d.Riding, inspecting, or evaluating an equine belonging to another whether or not
the owner has received some monetary consideration or other thing of value for
the use of the equine or is permitting a prospective purchaser of the equine to
ride, inspect, or evaluate the equine; ande.A ride, trip, hunt, or other equine activity of any type however informal or
impromptu that is sponsored by an equine activity sponsor.4."Equine activity sponsor" means an individual, group, club, partnership, corporation,
or limited liability company, whether or not the sponsor is operating for profit or
nonprofit, which sponsors, organizes, or provides the facility for an equine activity
including a pony club, 4-H club, hunt club, riding club, school or college-sponsored
class or program, therapeutic riding program, and an operator, instructor, or
promoter of an equine facility including but not limited to a stable, clubhouse, pony
ride string, fair, or arena at which the activity is held.5."Equine professional" means a person engaged for compensation in:a.Instructing a participant or renting to a participant an equine for the purpose of
riding, driving, or being a passenger upon an equine; orb.In renting equipment or tack to a participant.6."Participant" means any person, whether amateur or professional, who directly
engages in an equine activity, whether or not a fee is paid to participate in the equine
activity.53-10-02. Liability of equine activity sponsor or equine professional limited.1.Except as provided in subsection 2, an equine activity sponsor or an equine
professional is not liable for an injury to or the death of a participant engaged in an
equine activity, and, except as provided in subsection 2, no participant orPage No. 1participant's representative may maintain an action against or recover from an
equine activity sponsor or an equine professional for an injury to or the death of a
participant engaged in an equine activity. This chapter does not apply to the horse
racing industry as regulated in chapter 53-06.2.2.Nothing in subsection 1 prevents or limits the liability of an equine activity sponsor or
an equine professional:a.If the equine activity sponsor or the equine professional:(1)Provided the equipment or tack and the equipment or tack caused the
injury; or(2)Provided the equine and failed to make reasonable and prudent efforts to
determine the ability of the participant to engage safely in the equine
activity, to determine the ability of the equine to behave safely with the
participant, and to determine the ability of the participant to safely
manage the particular equine;b.If the equine activity sponsor or the equine professional owns, leases, rents, or
otherwise is in lawful possession and control of the land or facility upon which
the participant sustained an injury because of the dangerous latent condition
which was known to or should have been known to the equine activity sponsor
or the equine professional and for which a warning sign has not been
conspicuously posted;c.If the equine activity sponsor or the equine professional commits an act or
omission that constitutes willful or wanton disregard for the safety of the
participant and that act or omission caused the injury;d.If the equine activity sponsor or the equine professional intentionally injures the
participant;e.Under products liability provisions as set forth in products liability laws; orf.Under liability provisions in chapter 36-11.Page No. 2Document Outlinechapter 53-10 equine activity sponsor or professional