|DOMESTICATED ANIMAL ACTIVITIES - LIABILITY
Westís No. 67
AN ACT RELATING TO THE LIABILITY OF PERSONS INVOLVED IN
DOMESTICATED ANIMAL ACTIVITIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATES OF IOWA:
Section 1. NEW SECTION.
1. "Claim" means a claim, counterclaim, cross-claim,
compliant, or cause of action recognized by the Iowa rules of civil procedures
and brought in court on account of damage to or loss of property or on account
of personal injury or death.
2. "Domesticated animal" means an animal commonly
referred to as a bovine, swine, sheep, goat, domesticated deer, llama, poultry,
rabbit, horse, pony, mule, jenny, donkey, or hinny.
3. "Domesticated animal activity" means any of the
a. Riding or driving a domesticated animal.
b. Riding as a passenger on a vehicle powered by a
c. Teaching or training a person to ride or drive a
domesticated animal or a vehicle powered by a domesticated animal.
d. Participating in an activity sponsored by a domesticated
animal activity sponsor.
e. Participating or assisting a participant in a domesticated
f. Managing or assisting in managing a domesticated animal in
a domesticated animal event.
g. Inspecting or assisting an inspection of a domesticated
animal for the purpose of purchase.
h. Providing hoof care including, but not limited to,
i. Providing or assisting in providing veterinary care to a
j. Boarding or keeping a domesticated animal, by the owner of
the domesticated animal or behalf of another person.
k. Loading, hauling, or transporting a domesticated animal.
l. Breeding domesticated animals.
m. Participating in racing.
n. Showing or displaying a domesticated animal.
4. "Domesticated animal activity sponsor" means a
person who owns, organizes, manages, or provides facilities for a domesticated
animal activity, including but not limited to, any of the following:
a. Clubs involved in riding, hunting, competing, or
b. Youth clubs, including 4-H clubs.
c. Educational institutions.
d. Owners, operators, instructors, and promoters of a
domesticated animal event or domesticated animal facility, including but not
limited to, stables, boarding facilities, clubhouses, rides, fairs, and arenas.
e. Breeding farms.
f. Training farms.
5. "Domesticated animal event" means an event in
which a domesticated animal activity occurs, including, but not limited to, any
of the following:
a. A fair.
b. A rodeo.
c. An exposition.
d. A show.
e. A competition.
f. A 4-H event.
g. A sporting event.
h. A event involving driving, pulling, or cutting.
j. An equine event or discipline including but not limited to,
dressage, a hunter or jumper show, polo, steeplechasing, English or western
performance riding, a western game, or trail riding.
6. "Domestic animal professional" means a person who
receives compensation for engaging in a domesticated animal activity by doing
one of the following:
a. Instructing a participant.
b. Renting the use of a domestic animal to a participant for
the purpose of riding, driving, or being a passenger on a domesticated animal or
a vehicle powered by a domesticated animal.
c. Renting equipment or tack to a participant.
7. "Inherent risks of a domesticated animal
activity" means a danger or condition which is an integral part of a
domesticated animal activity, including, but not limited to, the following:
a. The propensity of a domesticated animal to behave in a
manner that is reasonably foreseeable to result in damages to property, or
injury or death to a person.
b. Risks generally associated with an activity which may
include injuries caused by bucking, biting, stumbling, rearing, trampling,
scratching, pecking, falling, kicking, or butting.
c. The unpredictable reaction by a domesticated animal to
unfamiliar conditions, including but not limited to, a sudden movement; loud
noise; an unfamiliar environment; or the introduction of unfamiliar person,
animals, or objects.
d. A collision by the domesticated animal with an object or
e. The failure of a participant to exercise reasonable care,
take adequate precautions, or use adequate control when engaging in the
activity, including failing to maintain reasonable control or falling to act in
a manner consistent with the personís abilities.
8. "Participant" means a person who engages in a
domesticated animal activity, regardless of whether the person receives
9. "Spectator" means a person who is in the vicinity
of a domesticated animal activity, but who is not a participant.
Sec. 2. NEW SECTION.
A person, including a domesticated animal professional,
domesticated animal activity sponsor, the owner of the domesticated animal, or a
person exhibiting the domesticated animal, is not liable for the damages,
injury, or death, suffered by a participant or spectator resulting from the
inherent risks of a domesticated animal activity. This section shall not apply
to the extent that the claim for damages, injury, or death is caused by any of
1. An act committed intentionally, recklessly, or while under
the influence of an alcoholic beverage or other drug or a combination of such
substances which causes damages, injury, or death.
2. The use of equipment or tack used in the domesticated
animal activity which the defendant provided to a participant, if the defendant
knew or reasonably should have known that the equipment or track was faulty or
3. The failure to notify a participant of a dangerous latent
condition on real property in which the defendant holds an interest, which is
known or should have been known. The notice may be made by posting a clearly
visible warning sign on the property.
4. A domesticated animal activity which occurs in a place
designated or intended by an animal activity sponsor as a place for persons who
are not participants to be present.
5. A domesticated animal activity which causes damage, injury,
or death to a spectator who is in a place where a reasonable person who is alert
to inherent risks of domestic animal activities would not expect a domesticated
animal activity to occur.
Sec. 3. NEW SECTION.
673.3. Notice required
A domesticated animal professional shall post and maintain a
sign on real property in which the professional holds an interest, if the
profession conducts domesticated animal activities on the property. The location
of the sign may be near or on a stable, corral, or arena owned or controlled by
the domesticated animal professional. The sign must be clearly visible to a
participant. This section does not require a sign to be posted on a domesticated
animal or a vehicle powered by a domesticated animal. The notice shall appear in
clack letters a minimum of one inch high and in the following form:
UNDER IOWA LAW, A DOMESTICATED ANIMAL PROFESSIONAL IS NOT
LIABLE FOR DAMAGES SUFFERED BY, AN INJURY TO, OR THE DEATH OF A PARTICIPANT
RESULTING FROM THE INHERENT RISKS OF DOMESTICATED ANIMAL ACTIVITIES, PURSUANT TO
IOWA CODE CHAPTER 673. YOU ARE ASSUMING INHERENT RISKS OF PARTICIPATING IN THIS
DOMESTICATED ANIMAL ACTIVITY.
If a written contract is executed between a domesticated
animal professional and a participant involving domesticated animal activities,
the contract shall contain the same notice in clearly reasonable print. In
addition, the contract shall include the following disclaimer:
A number of inherent risks are associated with a domesticated
animal activity. A domesticated animal may behave in a manner that results in
damages to property or an injury or death to a person. Risks associated with the
activity may include injuries caused by bucking, biting, stumbling, rearing,
trampling, scratching, pecking, falling, or butting.
The domesticated animal may act unpredictably to conditions,
including, but not limited to, a sudden movement; loud noise; an unfamiliar
environment; or the introduction of unfamiliar persons, animals, or objects.
The domesticated animal may also react in a dangerous manner
when a condition or treatment is considered hazardous to the welfare of the
animal; a collision occurs with an object or animal; or a participant fails to
exercise reasonable care, take adequate precautions, or use adequate control
when engaging in a domesticated animal activity, including failing to maintain
reasonable control of the animal or failing to act in a manner consistent with
the personís abilities.
Approved April 22, 1997.