LOUISIANA REVISED STATUTES
TITLE 9. CIVIL CODE ANCILLARIES
CODE BOOK III--OF THE DIFFERENT MODES OF ACQUIRING THE OWNERSHIP OF THINGS
CODE TITLE V--OF QUASI CONTRACTS, AND OF OFFENSES AND QUASI OFFENSES
CHAPTER 2. OF OFFENSES AND QUASI OFFENSES
La. R.S. 9:2795.1 (1993)
§ 2795.1. Limitation of liability of equine activity sponsor;
exceptions; required warning
A. As used in this Section, the following terms shall have the
following meanings, unless the context requires otherwise:
(1) "Engages in an equine activity" means riding,
training, providing, or assisting in providing medical treatment of, driving, or
being a passenger upon an equine, whether mounted or unmounted, or any person
assisting a participant or show management. The term engages in an equine
activity does not include being a spectator at an equine activity, except in
cases where the spectator places himself in an unauthorized area and in
immediate proximity to the equine activity.
(2) "Equine" means a horse, pony, mule, donkey, or
(3) "Equine activity" includes any or all of the
(a) An equine show, fair, competition, performance, or parade
that involves any or all breeds of equine and any of the equine disciplines,
including but not limited to any dressage, hunter and jumper horse show, grand
prix jumping, three-day event, combined training, rodeo, driving, pulling,
cutting, polo, steeplechasing, English and western performance riding, endurance
trail riding, and western game and hunting.
(b) Equine training or teaching activities, or both.
(c) Boarding 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.
(e) A ride, trip, hunt, or other equine activity of any type
however informal or impromptu that is sponsored by an equine activity sponsor.
(f) Placing or replacing horseshoes on an equine.
(g) Examining or administering medical treatment to an equine
by a veterinarian.
(4) "Equine activity sponsor" means an individual,
group, club, partnership, or corporation, whether or not the sponsor is
operating for profit or nonprofit, which sponsors, organizes, or provides the
facilities for an equine activity, including, but not limited to: a pony club;
4-H club; hunt club; riding club; school and college sponsored class, program,
and activity; therapeutic riding program; and any operator, instructor, and
promoter of an equine facility, including, but not limited to: a stable;
clubhouse; ponyride string; fair; and arena at which the activity is held.
(5) "Equine professional" means a person engaged for
compensation in any of the following:
(a) Instructing a participant or renting to a participant an
equine for the purpose of riding, driving, or being a passenger upon the equine.
(b) Renting equipment or tack to a participant.
(c) Examining or administering medical treatment to an equine
as a veterinarian.
(6) "Inherent risks of equine activities" means
those dangers or conditions which are an integral part of equine activities,
including, but not limited to:
(a) The propensity of an equine to behave in ways that may
result in injury, harm, or death to persons on or around them.
(b) The unpredictability of an equine's reaction to such
things as sounds, sudden movement, and unfamiliar objects, persons, or other
(c) Certain hazards such as surface and subsurface conditions.
(d) Collisions with other equine or objects.
(e) The potential of a participant to act in a negligent
manner that may contribute to injury to the participant or others, such as
failing to maintain control over the animal or not acting within his ability.
(7) "Participant" means any person, whether amateur
or professional, who engages in an equine activity, whether or not a fee is paid
to participate in the equine activity.
B. Except as provided in Subsection C of this Section, an
equine activity sponsor, an equine professional, or any other person, which
shall include a corporation or partnership, shall not be liable for an injury to
or the death of a participant resulting from the inherent risks of equine
activities and, except as provided in Subsection C of this Section, no
participant or participant's representative shall make any claim against,
maintain an action against, or recover from an equine activity sponsor, an
equine professional, or any other person for injury, loss, damage, or death of
the participant resulting from any of the inherent risks of equine activities.
C. Nothing in Subsection B of this Section 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) Provided the equipment or tack, and knew or should have
known that the equipment or tack was faulty, and such equipment or tack was
faulty to the extent that it did cause the injury.
(2) Failed to make reasonable and prudent efforts to determine
the ability of the participant to engage safely in the equine activity and to
safely manage the particular equine based on the participant's representations
of his ability.
(3) Owns, leases, rents, or otherwise is in lawful possession
and control of the land or facility upon which the participant sustained
injuries because of a dangerous latent condition which was known or should have
been known to the equine activity sponsor, equine professional, or person and
for which warning signs have not been conspicuously posted.
(4) 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.
(5) Intentionally injures the participant.
D. Nothing in Subsection B of this Section shall prevent or
limit the liability of an equine activity sponsor or an equine professional
under liability provisions as set forth in the "Louisiana Products
Liability Act," R.S. 9:2800.51 through 2800.59.
E. Every equine professional and every equine activity sponsor
shall post and maintain a sign conspicuously located which contains the warning
notice specified in Subsection F of this Section. The sign shall be placed in a
clearly visible location on or near any stable, corral, or arena where the
equine professional or the equine activity sponsor conducts equine activities.
The warning notice specified in Subsection F of this Section shall appear on the
sign in black letters, with each letter to be a minimum of one inch in height.
Every written contract entered into by an equine professional or by an equine
activity sponsor for the provision of professional services, instruction, or the
rental of equipment or tack or an equine to a participant, whether or not the
contract involves equine activities on or off the location or site of the equine
professional's or the equine activity sponsor's business, shall contain in
clearly readable print the warning notice specified in Subsection F of this
F. The signs and contracts described in Subsection E of this
Section shall contain the following warning notice:
|Under Louisiana law, an equine activity sponsor or
equine professional is not liable for an injury to or the death of a
participant in equine activities resulting from the inherent risks of
equine activities, pursuant to R.S. 9:2795.1.
G. Failure to comply with the requirements concerning warning
notices provided in this Section shall prevent an equine activity sponsor or
equine professional from invoking the privilege of immunity provided by this