S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10014

                          I N  A S S E M B L Y

                               May 1, 2012
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the general obligations law, in relation to the  liabil-
  ity of persons involved in equine activities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative  intent.  The  legislature  hereby  finds  that
horseback riding is both a major recreational sport and a major industry
within  the  state  of New York. The legislature further finds: (1) that
horseback riding,  like  many  other  sports,  contains  inherent  risks
including,  but  not  limited to, the risks of personal injury, death or
property damage, which may be caused by the  propensity  of  equines  to
behave  in ways that are not always controllable by the participant; the
unpredictability of an equine's  reaction  to  such  things  as  sounds,
sudden  movements,  and  unfamiliar  objects,  persons or other animals;
surface or subsurface  conditions;  collisions  with  other  equines  or
objects;  and  the  potential  of  a  participant  to act in a negligent
manner; (2) that it is appropriate, as well as in the  public  interest,
to  establish  certain  duties  and  obligations  of equine sponsors and
equine professionals relative to the  safety  of  the  horseback  riding
public;  and  (3)  that  it  is  also necessary and appropriate that the
public become apprised of and understand the risks inherent in the sport
of horseback riding so that they may make an informed decision of wheth-
er or not to participate in horseback riding notwithstanding the  risks.
Therefore, the purpose and intent of this act is to establish guidelines
for the conduct of the participants, sponsors and professionals involved
in the sport of horseback riding; to educate the public as to the inher-
ent risks in the sport of horseback riding so as to minimize the risk of
injury  to  persons engaged in the sport of horseback riding; to promote
safety in the horseback riding industry; and to preserve  the  financial
sustainability  of  the equine sponsors and equine professionals engaged
in the horseback riding industry.
  S 2. The general obligations law is amended by adding  a  new  article
18-B to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03399-01-1

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                              ARTICLE 18-B
                       EQUINE ACTIVITY SAFETY CODE
SECTION 18-301. SHORT TITLE.
        18-302. DEFINITIONS.
        18-303. LIABILITY OF PERSONS INVOLVED IN EQUINE ACTIVITIES.
        18-304. LIMITATION OF LIABILITY.
        18-305. POSTING AND NOTIFICATION.
  S 18-301. SHORT TITLE. THIS ARTICLE MAY BE CITED AND SHALL BE KNOWN AS
THE "EQUINE ACTIVITY SAFETY CODE ACT".
  S  18-302.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOW-
ING WORDS OR PHRASES SHALL BE DEFINED AS FOLLOWS:
  1. "ENGAGES IN AN EQUINE ACTIVITY" MEANS RIDING,  TRAINING,  ASSISTING
IN  THE  VETERINARY  TREATMENT  OF, DRIVING OR BEING A PASSENGER UPON AN
EQUINE, WHETHER MOUNTED OR UNMOUNTED, OR VISITING OR TOURING OR  UTILIZ-
ING AN EQUINE FACILITY AS PART OF AN ORGANIZED EVENT OR ACTIVITY, OR ANY
PERSON  ASSISTING A PARTICIPANT OR SHOW MANAGEMENT. THE TERM "ENGAGES IN
AN EQUINE ACTIVITY" SHALL NOT INCLUDE BEING A  SPECTATOR  AT  AN  EQUINE
ACTIVITY,  EXCEPT IN CASES WHERE THE SPECTATOR PLACES HIMSELF OR HERSELF
IN AN UNAUTHORIZED AREA OR IN IMMEDIATE PROXIMITY TO THE  EQUINE  ACTIV-
ITY.
  2. "EQUINE" MEANS A HORSE, PONY, MULE OR DONKEY.
  3. "EQUINE ACTIVITY" MEANS:
  (A)  EQUINE  SHOWS,  FAIRS, COMPETITIONS, PERFORMANCES OR PARADES THAT
INVOLVE ANY OR ALL BREEDS OF EQUINES AND ANY OF THE EQUINE  DISCIPLINES,
INCLUDING,  BUT  NOT LIMITED TO DRESSAGE, HUNTER AND JUMPER HORSE SHOWS,
GRAND PRIX JUMPING, THREE-DAY EVENTS, COMBINED TRAINING, RODEOS, RIDING,
DRIVING, PULLING, CUTTING, POLO,  STEEPLECHASING,  ENGLISH  AND  WESTERN
PERFORMANCE RIDING, ENDURANCE TRAIL RIDING, GYMKHANA GAMES, AND HUNTING.
  (B) EQUINE TRAINING OR TEACHING ACTIVITIES OR BOTH;
  (C) THE BOARDING OF EQUINES, INCLUDING NORMAL DAILY CARE THEREOF;
  (D) RIDING, INSPECTING OR EVALUATING OF AN EQUINE BELONGING TO ANOTHER
BY  A  PURCHASER  OR  AGENT,  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) RIDES, TRIPS, HUNTS OR OTHER EQUINE ACTIVITIES OF ANY TYPE HOWEVER
INFORMAL OR IMPROMPTU THAT ARE SPONSORED BY AN EQUINE ACTIVITY SPONSOR;
  (F) PLACING OR REPLACING HORSESHOES OR HOOF TRIMMING ON AN EQUINE; OR
  (G) PROVIDING OR ASSISTING IN VETERINARY TREATMENT OF AN EQUINE.
  4.  "EQUINE  ACTIVITY SPONSOR" MEANS AN INDIVIDUAL, GROUP, CLUB, PART-
NERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION, WHETHER  OR  NOT  THE
SPONSOR  IS  OPERATING  FOR  PROFIT  OR  NOT-FOR-PROFIT, WHICH SPONSORS,
ORGANIZES OR PROVIDES THE FACILITIES FOR AN EQUINE  ACTIVITY,  INCLUDING
BUT  NOT  LIMITED  TO:  PONY CLUBS, 4-H CLUBS, HUNT CLUBS, RIDING CLUBS,
SCHOOL AND COLLEGE-SPONSORED CLASSES, PROGRAMS AND ACTIVITIES, THERAPEU-
TIC RIDING PROGRAMS, STABLE AND FARM OWNERS AND OPERATORS,  INSTRUCTORS,
AND  PROMOTERS OF EQUINE FACILITIES, INCLUDING BUT NOT LIMITED TO FARMS,
STABLES, CLUBHOUSES, PONY RIDE STRINGS, FAIRS AND ARENAS  AT  WHICH  THE
ACTIVITY IS HELD.
  5. "EQUINE PROFESSIONAL" MEANS A PERSON ENGAGED FOR COMPENSATION:
  (A) IN INSTRUCTING A PARTICIPANT OR RENTING TO A PARTICIPANT AN EQUINE
FOR THE PURPOSE OF RIDING, DRIVING OR BEING A PASSENGER UPON THE EQUINE;
  (B) IN RENTING EQUIPMENT OR TACK TO A PARTICIPANT;
  (C) TO PROVIDE DAILY CARE OF HORSES BOARDED AT AN EQUINE FACILITY; OR
  (D) TO TRAIN AN EQUINE.

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  6. "INHERENT RISKS OF EQUINE ACTIVITIES" MEANS THOSE DANGERS OR CONDI-
TIONS WHICH ARE AN INTEGRAL PART OF EQUINE ACTIVITIES, INCLUDING BUT NOT
LIMITED TO:
  (A)  THE  PROPENSITY  OF  EQUINES 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
ANIMALS;
  (C) CERTAIN HAZARDS SUCH AS SURFACE AND SUBSURFACE CONDITIONS  INCLUD-
ING,  BUT NOT LIMITED TO, ROCKS, FOREST GROWTH, DEBRIS, BRANCHES, TREES,
ROOTS, STUMPS OR OTHER NATURAL OBJECTS;
  (D) COLLISIONS WITH OTHER EQUINES OR OBJECTS; AND
  (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  OR  HER
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.
  S  18-303.  LIABILITY  OF  PERSONS INVOLVED IN EQUINE ACTIVITIES.   1.
NOTHING IN SECTION 18-304 OF THIS ARTICLE SHALL  PREVENT  OR  LIMIT  THE
LIABILITY  OF  AN  EQUINE ACTIVITY SPONSOR OR AN EQUINE PROFESSIONAL, IF
THE EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL:
  (A) PROVIDED EQUIPMENT OR TACK, KNEW OR SHOULD HAVE  KNOWN  THAT  SUCH
EQUIPMENT  OR  TACK  WAS FAULTY, AND THE EQUIPMENT OR TACK WAS FAULTY TO
THE EXTENT THAT IT CAUSED THE INJURY;
  (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 REPRESEN-
TATIONS OF HIS OR HER ABILITY;
  (C)  OWNS,  LEASES,  RENTS,  HAS  AUTHORIZED USE OF OR IS OTHERWISE IN
LAWFUL POSSESSION AND CONTROL OF THE LAND OR FACILITIES 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
OR EQUINE PROFESSIONAL, AND FOR WHICH WARNING SIGNS, PURSUANT TO SECTION
18-305 OF THIS ARTICLE, HAVE NOT BEEN CONSPICUOUSLY POSTED;
  (D) COMMITS AN ACT OF OMISSION  THAT  CONSTITUTES  WILLFUL  OR  WANTON
DISREGARD  FOR  THE  SAFETY OF THE PARTICIPANT, AND THAT ACT OF OMISSION
CAUSED THE INJURY; OR
  (E) INTENTIONALLY INJURES THE PARTICIPANT.
  2. THIS SECTION SHALL NOT APPLY TO THE HORSE RACING  ACTIVITY  AUTHOR-
IZED  PURSUANT  TO ARTICLE TWO, THREE OR FOUR OF THE RACING, PARI-MUTUEL
WAGERING AND BREEDING LAW.
  S 18-304. LIMITATION OF LIABILITY.  1. EXCEPT AS PROVIDED IN  SUBDIVI-
SION  TWO OF SECTION 18-303 OF THIS ARTICLE, AN EQUINE ACTIVITY SPONSOR,
AN EQUINE PROFESSIONAL OR ANY OTHER PERSON, WHICH SHALL INCLUDE A CORPO-
RATION, LIMITED LIABILITY COMPANY OR PARTNERSHIP, SHALL  NOT  BE  LIABLE
FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM THE INHER-
ENT  RISKS  OF  EQUINE ACTIVITIES AND, EXCEPT AS PROVIDED IN SUBDIVISION
TWO OF SECTION 18-303 OF THIS ARTICLE, NO PARTICIPANT NOR  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.

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  2.  NOTHING  IN  THIS  ARTICLE  SHALL  LIMIT  THE  APPLICATION  OF THE
PROVISIONS OF SECTION 9-103 OF THIS CHAPTER.
  S  18-305.  POSTING  AND  NOTIFICATION.   1. EVERY EQUINE PROFESSIONAL
SHALL POST AND MAINTAIN SIGNS WHICH CONTAIN THE WARNING NOTICE SPECIFIED
IN SUBDIVISION TWO OF THIS SECTION. SUCH SIGNS  SHALL  BE  PLACED  IN  A
CLEARLY  VISIBLE  LOCATION  IN THE PROXIMITY OF THE EQUINE ACTIVITY. THE
WARNING NOTICE SPECIFIED IN SUBDIVISION TWO 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 PROFES-
SIONAL  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 BUSINESS, SHALL  CONTAIN,  IN  CLEARLY
READABLE  PRINT, THE WARNING NOTICE SPECIFIED IN SUBDIVISION TWO OF THIS
SECTION.
  2. THE SIGNS AND  CONTRACTS  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
SECTION SHALL CONTAIN THE FOLLOWING WARNING NOTICE:
                                  WARNING
  UNDER  NEW YORK LAW, AN EQUINE PROFESSIONAL OR EQUINE ACTIVITY SPONSOR
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 SECTION 18-304 OF THE GENERAL OBLIGATIONS LAW.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.