S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4366--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A. MAGEE, JENNE, WOERNER, MURRAY, BARCLAY, FAHY,
   STIRPE, FINCH, CASTORINA, GARBARINO -- Multi-Sponsored by -- M. of  A.
   BLANKENBUSH,  BUTLER, HAWLEY, LUPARDO -- read once and referred to the
   Committee on Judiciary -- recommitted to the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08774-03-8

 A. 4366--A                          2
 
 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.
   §  2.  The  general obligations law is amended by adding a new article
 18-C to read as follows:
                               ARTICLE 18-C
                        EQUINE ACTIVITY SAFETY CODE
 SECTION 18-401. SHORT TITLE.
         18-402. DEFINITIONS.
         18-403. LIABILITY OF PERSONS INVOLVED IN EQUINE ACTIVITIES.
         18-404. LIMITATION OF LIABILITY.
         18-405. POSTING AND NOTIFICATION.
   § 18-401. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "EQUINE ACTIVITY SAFETY CODE ACT".
   § 18-402.  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,

 A. 4366--A                          3
 
 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.
   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.
   §  18-403.  LIABILITY  OF  PERSONS INVOLVED IN EQUINE ACTIVITIES.   1.
 NOTHING IN SECTION 18-404 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
 18-405 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.
   § 18-404. LIMITATION OF LIABILITY.  1. EXCEPT AS PROVIDED IN  SUBDIVI-
 SION  TWO OF SECTION 18-403 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

 A. 4366--A                          4
 
 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 18-403 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.
   2.  NOTHING  IN  THIS  ARTICLE  SHALL  LIMIT  THE  APPLICATION  OF THE
 PROVISIONS OF SECTION 9-103 OF THIS CHAPTER.
   § 18-405. 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 18-404 OF THE GENERAL OBLIGATIONS LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.