44-20-104 - Applicability Where liability not prevented or limited. - Tennessee Statutes

44-20-104. Applicability Where liability not prevented or limited.

(a)  This chapter shall not apply to the horse racing industry as regulated in title 4, chapter 36.

(b)  Nothing in § 44-20-103 shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:

     (1)  (A)  Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury; or

          (B)  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 and determine the ability of the participant to safely manage the particular equine based on the participant's representations of the participant's ability;

     (2)  Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted;

     (3)  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; or

     (4)  Intentionally injures the participant.

(c)  Nothing in § 44-20-103 shall prevent or limit the liability of an equine activity sponsor or an equine professional:

     (1)  Under product liability provisions in title 29, chapter 28; or

     (2)  Under trespass provisions in chapter 8 of this title.

(d)  Title 70, chapter 7 does not apply to an equine activity sponsor or an equine professional. It is the legislative intent that equine activity sponsors and equine professionals be held to a higher standard of care.

[Acts 1992, ch. 974, § 5.]