senate Bill S3195

2011-2012 Legislative Session

Creates the equine activity safety code

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Feb 11, 2011 referred to judiciary

S3195 - Bill Details

Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Add Art 18-B ยงยง18-301 - 18-306, Gen Ob L

S3195 - Bill Texts

view summary

Creates the equine activity safety code; establishes liability of persons involved in equine activities; establishes limitation of liability; includes waivers; requires posting and notification of liability.

view sponsor memo
BILL NUMBER:S3195

TITLE OF BILL:
An act
to amend the general obligations law, in relation to creating
the equine activity safety code

PURPOSE OR GENERAL IDEA OF BILL:
To expand the scope of the law to
provide clearer definition of assumed risks in equine activities and
to require certain notices to those who partake in these activities.
The bill will correct the litigious environment created by the
present tort system which has raised to cost of insurance premiums to
unreasonably high levels and will provide greater notice to
consumers.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates a new Article
18-B of the General Obligations Law called the Equine Activity Safety
Code. This Article defines the scope of liability for providers of
equine activities and requires that every equine professional shall
post and maintain certain signs and warnings to advise the public.

Section 2 provides that this act shall become effective immediately
and shall apply only to causes of action commenced on or after the
effective date.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Existing law
encourages excessive litigation and a concomitant drain on public and
private resources and does not provide proper notice to the public.
This bill helps to restore balance to the civil justice system while
giving the public better notice as to hazards and responsibilities.

JUSTIFICATION:
Currently, section 9-103 of the General Obligations
Law extends to some landowners a limited immunity from liability to
keep premises safe by the use of others for a series of enumerated
recreational activities. The existing law would be strengthened under
this bill by reaffirming the Legislature's intent, incorporating
specific definitions to protect providers of equine activities from
frivolous lawsuits for risks assumed by participants.

Without question, working farms and other providers of equine
activities have provided the people of this state with the employment
and the fondest memories of horseback riding in the country. Farms
and riding stables provide an escape from the hustle and bustle of
urban lifestyles.
However, the increasing threat of frivolous lawsuits bolstered by a
policy of open-ended liability has discouraged family farms and
stables from continuing to provide these recreational activities to
the public. The litigious environment created by the present tort
system has raised the cost of
insurance premiums to unreasonably high levels and needs to be
reformed. Currently there are no clear guidelines as to notices and


warnings that would be appropriate for those partaking in equine
activities.

Those offering equine activities do not seek blanket immunities from
liability. Farms and other equine facilities should be held
responsible for their own acts of gross negligence. However, as a
matter of fairness, individuals who take part in equine activities
assume certain risks. Without this type of reform, our farms are
truly defenseless against frivolous lawsuits. At least 30 other
states have passed or are considering legislation nearly identical to
the proposal advocated for equine activities.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Overall savings to taxpayers due to a reduction
in the hidden taxes they pay to support the tort system in New York
will be substantial.

EFFECTIVE DATE:
This act shall take effect immediately; provided, that
the provisions of this act shall apply only to causes of action
commenced on or after the effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3195

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation to creating the
  equine activity safety code

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

  Section  1.  The  general  obligations  law is amended by adding a new
article 18-B to read as follows:
                               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. WAIVER.
        18-306. POSTING AND NOTIFICATION.
  S 18-301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "EQUINE ACTIVITY LIABILITY ACT".
  S 18-302. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
WORDS OR PHRASES SHALL BE DEFINED AS FOLLOWS:
  1. "EQUINE" MEANS A HORSE, PONY, MULE,  DONKEY,  HINNY,  ZEBRA,  ZEBRA
HYBRID, OR ALPACA.
  2. (A) "EQUINE ACTIVITY" MEANS ANY OF THE FOLLOWING:
  (I)  AN  EQUINE  SHOW,  FAIR, COMPETITION, PERFORMANCE, OR PARADE THAT
INVOLVES AN EQUINE AND AN EQUINE DISCIPLINE, INCLUDING, BUT NOT  LIMITED
TO,  DRESSAGE, A HUNTER AND JUMPER SHOW, GRAND PRIX JUMPING, A THREE-DAY
EVENT, COMBINED TRAINING, A RODEO, DRIVING, PULLING,  CUTTING,  REINING,
TEAM  PENNING,  BARREL RACING, POLO, STEEPLE CHASING, ENGLISH OR WESTERN
PERFORMANCE RIDING, ENDURANCE OR  NON-ENDURANCE  TRAIL  RIDING,  WESTERN
GAMES, HUNTING, PACKING, AND RECREATIONAL RIDING;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06836-01-1

S. 3195                             2

  (II)  AN  EQUINE OR RIDER TRAINING, TEACHING, INSTRUCTING, TESTING, OR
EVALUATING ACTIVITY, INCLUDING, BUT NOT LIMITED TO, A  CLINIC,  SEMINAR,
OR SYMPOSIUM;
  (III) THE BOARDING OF AN EQUINE, INCLUDING, BUT NOT LIMITED TO, NORMAL
DAILY CARE OF AN EQUINE;
  (IV) THE TRAILERING, LOADING, UNLOADING, OR TRANSPORTING OF AN EQUINE;
  (V) THE RIDING, INSPECTING, OR EVALUATING OF AN EQUINE OWNED BY ANOTH-
ER  PERSON,  REGARDLESS  OF  WHETHER  THE OWNER HAS RECEIVED ANYTHING OF
VALUE FOR THE USE OF THE EQUINE OR IS PERMITTING A PROSPECTIVE PURCHASER
OF THE EQUINE TO RIDE, INSPECT, OR EVALUATE IT;
  (VI) A RIDE, TRIP, HUNT, BRANDING, ROUNDUP,  CATTLE  DRIVE,  OR  OTHER
ACTIVITY  THAT  INVOLVES  AN  EQUINE  AND THAT IS SPONSORED BY AN EQUINE
ACTIVITY  SPONSOR,  REGARDLESS  OF  WHETHER  THE  ACTIVITY  IS   FORMAL,
INFORMAL, PLANNED, OR IMPROMPTU;
  (VII)  THE PLACING OR REPLACING OF HORSESHOES ON AN EQUINE, THE REMOV-
ING OF HORSESHOES FROM AN EQUINE, OR THE TRIMMING OF THE  HOOVES  OF  AN
EQUINE;
  (VIII)  THE  PROVISION OF OR ASSISTANCE IN THE PROVISION OF VETERINARY
TREATMENT OR MAINTENANCE CARE FOR AN EQUINE;
  (IX) THE CONDUCTING OF PROCEDURES OR ASSISTANCE IN THE  CONDUCTING  OF
PROCEDURES NECESSARY TO BREED AN EQUINE BY MEANS OF ARTIFICIAL INSEMINA-
TION OR OTHERWISE.
  (B) "EQUINE ACTIVITY" DOES NOT INCLUDE HORSE OR MULE RACING.
  3.  "EQUINE ACTIVITY PARTICIPANT" MEANS A PERSON WHO ENGAGES IN ANY OF
THE FOLLOWING ACTIVITIES, REGARDLESS OF WHETHER THE PERSON IS AN AMATEUR
OR A PROFESSIONAL OR WHETHER A FEE IS PAID TO PARTICIPATE IN THE PARTIC-
ULAR ACTIVITY:
  (A) RIDING, TRAINING, DRIVING, OR CONTROLLING IN ANY MANNER AN EQUINE,
WHETHER THE EQUINE IS MOUNTED OR UNMOUNTED;
  (B) BEING A PASSENGER UPON AN EQUINE;
  (C) PROVIDING MEDICAL TREATMENT TO AN EQUINE;
  (D) CONDUCTING PROCEDURES OR ASSISTING IN CONDUCTING PROCEDURES NECES-
SARY TO BREED AN EQUINE BY MEANS OF ARTIFICIAL  INSEMINATION  OR  OTHER-
WISE;
  (E)  ASSISTING  A  PERSON  WHO  IS ENGAGED IN AN ACTIVITY DESCRIBED IN
PARAGRAPH (A), (B), (C) OR (D) OF THIS SUBDIVISION;
  (F) SPONSORING AN EQUINE ACTIVITY;
  (G) BEING A SPECTATOR AT AN EQUINE ACTIVITY.
  4. "EQUINE ACTIVITY SPONSOR" MEANS EITHER OF THE FOLLOWING PERSONS:
  (A) A PERSON WHO, FOR PROFIT OR NOT FOR PROFIT,  SPONSORS,  ORGANIZES,
OR PROVIDES A FACILITY FOR AN EQUINE ACTIVITY, INCLUDING, BUT NOT LIMIT-
ED  TO,  A  PONY  CLUB, 4-H CLUB, HUNT CLUB, RIDING CLUB, OR THERAPEUTIC
RIDING PROGRAM, OR A CLASS, PROGRAM, OR ACTIVITY THAT IS SPONSORED BY  A
SCHOOL, COLLEGE, OR UNIVERSITY;
  (B) AN OPERATOR OR PROMOTER OF, OR AN INSTRUCTOR AT, AN EQUINE FACILI-
TY,  SUCH  AS  A  STABLE, CLUBHOUSE, PONY RIDE, FAIR, TRAINING FACILITY,
SHOW GROUND, OR ARENA AT WHICH AN EQUINE ACTIVITY IS HELD.
  5. "EQUINE PROFESSIONAL" MEANS A PERSON WHO ENGAGES  FOR  COMPENSATION
IN ANY OF THE FOLLOWING ACTIVITIES:
  (A)  TRAINING, TEACHING, INSTRUCTING, TESTING, OR EVALUATING AN EQUINE
OR AN EQUINE ACTIVITY PARTICIPANT;
  (B) RENTING TO AN  EQUINE  ACTIVITY  PARTICIPANT  AN  EQUINE  FOR  THE
PURPOSE OF RIDING, DRIVING, OR BEING A PASSENGER UPON AN EQUINE;
  (C)  RENTING  EQUIPMENT  OR TACK TO AN EQUINE ACTIVITY PARTICIPANT FOR
USE IN AN EQUINE ACTIVITY;
  (D) PROVIDING DAILY CARE TO AN EQUINE BOARDED AT AN EQUINE ACTIVITY;

S. 3195                             3

  (E) PROVIDING OR ASSISTING IN PROVIDING VETERINARY TREATMENT OR  MAIN-
TENANCE CARE TO AN EQUINE;
  (F) CONDUCTING PROCEDURES OR ASSISTING IN CONDUCTING PROCEDURES NECES-
SARY  TO  BREED  AN EQUINE BY MEANS OF ARTIFICIAL INSEMINATION OR OTHER-
WISE.
  6. "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY.
  7. "INHERENT RISK OF AN EQUINE ACTIVITY" MEANS A DANGER  OR  CONDITION
THAT  IS  AN  INTEGRAL  PART  OF  AN EQUINE ACTIVITY, INCLUDING, BUT NOT
LIMITED TO, ANY OF THE FOLLOWING:
  (A) THE PROPENSITY OF AN EQUINE TO BEHAVE IN WAYS THAT MAY  RESULT  IN
INJURY, DEATH, OR LOSS TO PERSONS ON OR AROUND THE EQUINE;
  (B)  THE  UNPREDICTABILITY  OF  AN EQUINE'S REACTION TO SOUNDS, SUDDEN
MOVEMENT, UNFAMILIAR OBJECTS, PERSONS, OR OTHER ANIMALS;
  (C) HAZARDS, INCLUDING, BUT NOT  LIMITED  TO,  SURFACE  OR  SUBSURFACE
CONDITIONS;
  (D)  A  COLLISION WITH ANOTHER EQUINE, ANOTHER ANIMAL, A PERSON, OR AN
OBJECT;
  (E) THE POTENTIAL OF AN EQUINE ACTIVITY PARTICIPANT TO ACT IN A NEGLI-
GENT MANNER THAT MAY CONTRIBUTE TO INJURY, DEATH, OR LOSS TO THE  PERSON
OF  THE  PARTICIPANT OR TO OTHER PERSONS, INCLUDING, BUT NOT LIMITED TO,
FAILING TO MAINTAIN CONTROL OVER AN EQUINE OR FAILING TO ACT WITHIN  THE
ABILITY OF THE PARTICIPANT.
  8.  "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST, ESTATE,
TRUST, PARTNERSHIP, OR ASSOCIATION.
  9. "TORT ACTION" MEANS A CIVIL ACTION FOR DAMAGES FOR  INJURY,  DEATH,
OR  LOSS  TO PERSON OR PROPERTY.  "TORT ACTION" DOES NOT INCLUDE A CIVIL
ACTION FOR DAMAGES FOR A BREACH OF CONTRACT OR ANOTHER AGREEMENT BETWEEN
PERSONS.
  10. "VETERINARIAN" MEANS A PERSON WHO IS LICENSED TO PRACTICE  VETERI-
NARY MEDICINE IN THIS STATE.
  S  18-303.  LIABILITY OF PERSONS INVOLVED IN EQUINE ACTIVITIES. EXCEPT
AS PROVIDED IN SECTION 18-304 OF THIS ARTICLE, AN EQUINE ACTIVITY  SPON-
SOR,  EQUINE  ACTIVITY  PARTICIPANT,  EQUINE PROFESSIONAL, VETERINARIAN,
FARRIER, OR OTHER PERSON IS NOT LIABLE IN DAMAGES IN  A  TORT  OR  OTHER
CIVIL  ACTION  FOR  HARM  THAT  AN EQUINE ACTIVITY PARTICIPANT ALLEGEDLY
SUSTAINS DURING AN EQUINE ACTIVITY AND THAT  RESULTS  FROM  AN  INHERENT
RISK OF AN EQUINE ACTIVITY. EXCEPT AS PROVIDED IN SECTION 18-304 OF THIS
ARTICLE,  AN  EQUINE ACTIVITY PARTICIPANT OR THE PERSONAL REPRESENTATIVE
OF AN EQUINE ACTIVITY PARTICIPANT DOES NOT HAVE  A  CLAIM  OR  CAUSE  OF
ACTION  UPON  WHICH  A RECOVERY OF DAMAGES MAY BE BASED AGAINST, AND MAY
NOT RECOVER DAMAGES IN A TORT OR OTHER CIVIL ACTION AGAINST,  AN  EQUINE
ACTIVITY SPONSOR, ANOTHER EQUINE ACTIVITY PARTICIPANT, AN EQUINE PROFES-
SIONAL,  A  VETERINARIAN, A FARRIER, OR ANOTHER PERSON FOR HARM THAT THE
EQUINE ACTIVITY PARTICIPANT ALLEGEDLY SUSTAINED DURING AN EQUINE  ACTIV-
ITY AND THAT RESULTED FROM AN INHERENT RISK OF AN EQUINE ACTIVITY.
  S  18-304.  LIMITATION  OF  LIABILITY. THE IMMUNITY FROM TORT OR OTHER
CIVIL LIABILITY CONFERRED BY SECTION 18-303 OF THIS ARTICLE IS FORFEITED
IF ANY OF THE FOLLOWING CIRCUMSTANCES APPLIES:
  1. AN EQUINE ACTIVITY SPONSOR,  EQUINE  ACTIVITY  PARTICIPANT,  EQUINE
PROFESSIONAL,  VETERINARIAN,  FARRIER,  OR  OTHER  PERSON PROVIDES TO AN
EQUINE ACTIVITY PARTICIPANT FAULTY OR DEFECTIVE EQUIPMENT  OR  TACK  AND
KNOWS  OR SHOULD KNOW THAT THE EQUIPMENT OR TACK IS FAULTY OR DEFECTIVE,
AND THE FAULT OR DEFECT IN THE EQUIPMENT OR TACK PROXIMATELY CAUSES  THE
HARM INVOLVED.
  2.  AN  EQUINE  ACTIVITY  SPONSOR, EQUINE ACTIVITY PARTICIPANT, EQUINE
PROFESSIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON PROVIDES AN  EQUINE

S. 3195                             4

TO  AN  EQUINE  ACTIVITY  PARTICIPANT  AND  FAILS TO MAKE REASONABLE AND
PRUDENT EFFORTS TO DETERMINE THE EQUINE ACTIVITY  PARTICIPANT'S  ABILITY
TO  SAFELY  ENGAGE IN THE EQUINE ACTIVITY OR TO SAFELY MANAGE THE EQUINE
BASED  ON  THE  EQUINE  ACTIVITY  PARTICIPANT'S  REPRESENTATIONS  OF THE
PARTICIPANT'S ABILITY, THE EQUINE ACTIVITY PARTICIPANT FAILS  TO  SAFELY
ENGAGE  IN  THE EQUINE ACTIVITY OR TO SAFELY MANAGE THE EQUINE, AND THAT
FAILURE PROXIMATELY CAUSES THE HARM INVOLVED.
  3. THE HARM INVOLVED IS  PROXIMATELY  CAUSED  BY  A  DANGEROUS  LATENT
CONDITION OF THE LAND ON WHICH OR THE PREMISES AT WHICH THE HARM OCCURS,
AN  EQUINE ACTIVITY SPONSOR, EQUINE ACTIVITY PARTICIPANT, EQUINE PROFES-
SIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON OWNS, LEASES,  RENTS,  OR
OTHERWISE LAWFULLY POSSESSES AND CONTROLS THE LAND OR PREMISES AND KNOWS
OR  SHOULD  KNOW  OF  THE  DANGEROUS LATENT CONDITION, BUT DOES NOT POST
CONSPICUOUSLY PRIOR TO THE TIME OF THE HARM INVOLVED ONE OR  MORE  SIGNS
THAT  WARN  OF THE DANGEROUS LATENT CONDITION PURSUANT TO SECTION 18-306
OF THIS ARTICLE.
  4. AN ACT OR OMISSION OF AN EQUINE ACTIVITY SPONSOR,  EQUINE  ACTIVITY
PARTICIPANT, EQUINE PROFESSIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON
CONSTITUTES  A  WILLFUL  OR WANTON DISREGARD FOR THE SAFETY OF AN EQUINE
ACTIVITY PARTICIPANT AND PROXIMATELY CAUSES THE HARM INVOLVED.
  5. AN EQUINE ACTIVITY SPONSOR,  EQUINE  ACTIVITY  PARTICIPANT,  EQUINE
PROFESSIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON INTENTIONALLY CAUS-
ES THE HARM INVOLVED.
  S 18-305. WAIVER. 1. NOTWITHSTANDING THE IMMUNITY CONFERRED BY SECTION
18-303  OF  THIS ARTICLE AND THE GROUNDS FOR ITS FORFEITURE SPECIFIED IN
SECTION 18-304 OF THIS ARTICLE, SUBJECT TO SUBDIVISIONS THREE  AND  FOUR
OF  THIS  SECTION,  AN  EQUINE ACTIVITY SPONSOR, EQUINE ACTIVITY PARTIC-
IPANT, EQUINE PROFESSIONAL, VETERINARIAN, FARRIER, OR  OTHER  PERSON  IS
NOT  LIABLE  IN DAMAGES IN A TORT OR OTHER CIVIL ACTION FOR HARM THAT AN
EQUINE ACTIVITY PARTICIPANT ALLEGEDLY SUSTAINS DURING AN EQUINE ACTIVITY
AND THAT RESULTS FROM AN INHERENT RISK OF AN  EQUINE  ACTIVITY  IF  THAT
EQUINE  ACTIVITY  PARTICIPANT OR A PARENT, GUARDIAN, CUSTODIAN, OR OTHER
LEGAL REPRESENTATIVE OF THAT  EQUINE  ACTIVITY  PARTICIPANT  VOLUNTARILY
EXECUTES, PRIOR TO THE OCCURRENCE OF THE HARM INVOLVED, A WRITTEN WAIVER
AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUBJECT TO SUBDIVISIONS
THREE  AND  FOUR OF THIS SECTION, THE EQUINE ACTIVITY PARTICIPANT WHO IS
THE SUBJECT OF THAT WAIVER OR THE PARENT, GUARDIAN, CUSTODIAN, OR  OTHER
LEGAL  REPRESENTATIVE  OF  THE  EQUINE  ACTIVITY  PARTICIPANT WHO IS THE
SUBJECT OF THAT WAIVER DOES NOT HAVE A CLAIM OR  CAUSE  OF  ACTION  UPON
WHICH  A  RECOVERY  OF DAMAGES MAY BE BASED AGAINST, AND MAY NOT RECOVER
DAMAGES IN A TORT OR OTHER CIVIL  ACTION  AGAINST,  AN  EQUINE  ACTIVITY
SPONSOR,  ANOTHER EQUINE ACTIVITY PARTICIPANT, AN EQUINE PROFESSIONAL, A
VETERINARIAN, A FARRIER, OR ANOTHER PERSON IN WHOSE FAVOR THE WAIVER WAS
EXECUTED.
  2. A VALID WAIVER FOR PURPOSES OF  SUBDIVISION  ONE  OF  THIS  SECTION
SHALL BE IN WRITING AND SUBSCRIBED BY THE EQUINE ACTIVITY PARTICIPANT OR
THE  PARENT,  GUARDIAN,  CUSTODIAN, OR OTHER LEGAL REPRESENTATIVE OF THE
EQUINE ACTIVITY PARTICIPANT, AND SHALL SPECIFY AT  LEAST  EACH  INHERENT
RISK  OF  AN  EQUINE  ACTIVITY  THAT IS LISTED IN SECTION 18-304 OF THIS
ARTICLE AND THAT WILL BE A SUBJECT OF THE WAIVER OF TORT OR OTHER  CIVIL
LIABILITY  AND SHALL CONTAIN THE NOTIFICATION REQUIRED BY SECTION 18-306
OF THIS ARTICLE.
  3. A WAIVER IN THE FORM DESCRIBED IN SUBDIVISION TWO OF  THIS  SECTION
SHALL REMAIN VALID UNTIL IT IS REVOKED IN THE MANNER DESCRIBED IN SUBDI-
VISION  FOUR  OF  THIS  SECTION.   UNLESS SO REVOKED, SUCH A WAIVER THAT
PERTAINS TO EQUINE ACTIVITIES SPONSORED BY A SCHOOL, COLLEGE, OR UNIVER-

S. 3195                             5

SITY SHALL APPLY TO ALL EQUINE ACTIVITIES IN WHICH THE  EQUINE  ACTIVITY
PARTICIPANT  WHO  IS  THE  SUBJECT  OF THE WAIVER IS INVOLVED DURING THE
TWELVE-MONTH PERIOD FOLLOWING THE EXECUTION OF THE WAIVER.
  4.  A  VALID  WAIVER  IN THE FORM DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION MAY BE REVOKED IN WRITING BY THE EQUINE ACTIVITY PARTICIPANT  OR
THE  PARENT,  GUARDIAN,  CUSTODIAN, OR OTHER LEGAL REPRESENTATIVE OF THE
EQUINE ACTIVITY PARTICIPANT WHO EXECUTED THE WAIVER. THE  REVOCATION  OF
THE WAIVER DOES NOT AFFECT THE AVAILABILITY OF THE IMMUNITY CONFERRED BY
SECTION 18-303 OF THIS ARTICLE.
  5.  THIS  SECTION DOES NOT CREATE A NEW CAUSE OF ACTION OR SUBSTANTIVE
LEGAL RIGHT AGAINST AN EQUINE ACTIVITY SPONSOR, EQUINE ACTIVITY  PARTIC-
IPANT, EQUINE PROFESSIONAL, VETERINARIAN, FARRIER, OR OTHER PERSON.
  S 18-306. 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 WAIVER AND EVERY WRITTEN CONTRACT ENTERED INTO BY
AN EQUINE PROFESSIONAL  FOR  THE  PROVIDING  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 SUBDI-
VISION TWO OF THIS SECTION.
  2.  THE  SIGNS,  WAIVERS AND CONTRACTS DESCRIBED IN SUBDIVISION OF ONE
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 18-303 OF THE GENERAL OBLIGATIONS LAW.
  S 2. This act shall take effect immediately and shall apply to  causes
of action commenced on or after such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.