Summary:
These statutes comprise Pennsylvania's
Equine Activity Act, which sent into effect
on February 21, 2006. Under the law,
liability for negligence shall only be
barred where knowing voluntary assumption of
risk is proven in a particular case.
However, the Act provides immunity only
where a sign that states, "You assume the
risk of equine activities pursuant to
Pennsylvania law," is conspicuously posted
on the premises in two or more locations.
§ 601. Scope
This act shall apply to an individual,
group, club or business entity that
sponsors, organizes, conducts or provides
the facilities for an equine activity as
defined in this act.
CREDIT(S)
2005, Dec. 22, P.L. 472, No. 93, § 1,
effective in 60 days [Feb. 21, 2006].
§ 602. Immunity
(a) Assumption of risk.--As to those
within the scope of this act, liability for
negligence shall only be barred where the
doctrine of knowing voluntary assumption of
risk is proven with respect to damages due
to injuries or death to an adult participant
resulting from equine activities.
(b) Equine activities.--For the purposes
of this act, immunity shall apply where an
equine is utilized in the following manner:
(1) Equine training, teaching, riding
instruction, shows, fairs, parades,
competitions or performances which involve
breeds of equine participating in an
activity. This paragraph shall include, but
not be limited to, dressage, hunter and
jumper shows, Grand Prix jumping, three-day
eventing, combined training, rodeos,
reining, cutting, team penning and sorting,
driving, pulling, barrel racing,
steeplechasing, English and Western
performance riding and endurance and
nonendurance trail riding. This paragraph
shall also include Western games, gymkhana,
hunting, packing, therapeutic riding and
driving and recreational riding.
(2) Equine or rider and driver training,
teaching, instruction or evaluation. This
paragraph includes clinics, seminars and
demonstrations.
(3) Boarding equines, including normal
daily care.
(4) Breeding equines, whether by live
cover or artificial insemination.
(5) Inspecting, riding or evaluating an
equine belonging to another by a purchaser
or agent, whether or not the owner of the
equine has received anything of value for
the use of the equine or is permitting a
prospective purchaser or a purchaser's agent
to ride, drive, inspect or evaluate the
equine.
(6) Recreational rides or drives which
involve riding or other activity involving
the use of an equine.
(7) Placing, removing or replacing of
horseshoes or the trimming of an equine's
hooves.
(8) Leading, handling or grooming of an
equine.
CREDIT(S)
2005, Dec. 22, P.L. 472, No. 93, § 2,
effective in 60 days [Feb. 21, 2006].
§ 603. Signing
This act shall provide immunity only
where signing is conspicuously posted on the
premises on a sign at least three feet by
two feet, in two or more locations, which
states the following:
You assume the risk of equine activities
pursuant to Pennsylvania law.
CREDIT(S)
2005, Dec. 22, P.L. 472, No. 93, § 3,
effective in 60 days [Feb. 21, 2006].
§ 604. Equine propensity
Evidence of viciousness of the equine
shall not be required before a possessor of
an equine shall be subject to liability for
harm.
CREDIT(S)
2005, Dec. 22, P.L. 472, No. 93, § 4,
effective in 60 days [Feb. 21, 2006].
§ 605. Effect on other laws
This act shall not affect common law or
any statute for the protection of the user
of the equine. In no event shall this act
apply to any matter involving a motor
vehicle covered by 75 Pa.C.S. Ch. 17
(relating to financial responsibility) or a
successor act or to any non-equine-related
activity or entity.
CREDIT(S)
2005, Dec. 22, P.L. 472, No. 93, § 5,
effective in 60 days [Feb. 21, 2006].
§ 606. Construction
The immunity provided for by this act
shall be narrowly construed.
CREDIT(S)
2005, Dec. 22, P.L. 472, No. 93, § 6,
effective in 60 days [Feb. 21, 2006]. |