STATUTE NOTES:
- Sign Required: Yes
- Contract Language: Yes
- Date Enacted: 1995
- Comments: Amended in 2017 – “livestock activities”.
- Primary Citation: I.C. 34-31-5-1 to 5
- Last Checked: October, 2019
WARNING
Under Indiana law, an 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.
BURNS INDIANA STATUTES ANNOTATED
TITLE 34. CIVIL PROCEDURE
ARTICLE 4. SPECIAL PROCEEDINGS
CHAPTER 44. LIABILITY ARISING FROM EQUINE ACTIVITIES
Burns Ind. Code Ann. § 34-4-44-1 (1995)
34-31-5-1 Activity sponsor or professional
Sec. 1. (a) Subject to section 2 of this chapter, an equine activity sponsor or equine professional is not liable for:
(1) an injury to a participant; or
(2) the death of a participant;
resulting from an inherent risk of equine activities.
(b) Subject to section 2 of this chapter, a participant or participant’s representative may not:
(1) make a claim against;
(2) maintain an action against; or
(3) recover from;
an equine activity sponsor or equine professional for injury, loss, damage, or death of the participant resulting from an inherent risk of equine activities.
CREDIT(S)
As added by P.L.1-1998, SEC.27.
34-31-5-2 Exceptions
Sec. 2. (a) This section does not apply to the horse racing industry.
(b) Section 1 of this chapter does not prevent or limit the liability of an equine activity sponsor or an equine professional:
(1) who:
(A) provided equipment or tack that was faulty and that caused the injury; and
(B) knew or should have known that the equipment or tack was faulty;
(2) who provided the equine and failed to make reasonable and prudent efforts based on the participant’s representations of the participant’s ability to:
(A) determine the ability of the participant to engage safely in the equine activity; and
(B) determine the ability of the participant to safely manage the particular equine;
(3) who:
(A) was in lawful possession and control of the land or facilities on which the participant sustained injuries; and
(B) knew or should have known of the dangerous latent condition that caused the injuries;
if warning signs concerning the dangerous latent condition were not conspicuously posted on the land or in the facilities;
(4) who committed an act or omission that:
(A) constitutes reckless disregard for the safety of the participant; and
(B) caused the injury; or
(5) who intentionally injured the participant.
(c) Section 1 of this chapter does not prevent or limit the liability of an equine activity sponsor or an equine professional under the product liability laws.
CREDIT(S)
As added by P.L.1-1998, SEC.27.
34-31-5-3 Posting and maintenance of warning notice sign
Sec. 3. (a) This chapter does not apply unless an equine activity sponsor or an equine professional posts and maintains in at least one (1) location on the grounds or in the building that is the site of an equine activity a sign on which is printed the warning notice set forth in section 5 of this chapter.
(b) A sign referred to in subsection (a) must be placed in a clearly visible location in proximity to the equine activity.
(c) The warning notice on a sign referred to in subsection (a) must be printed in black letters, and each letter must be at least one (1) inch in height.
CREDIT(S)
As added by P.L.1-1998, SEC.27.
34-31-5-4 Warning notice required in written contracts
Sec. 4. (a) If there is a written contract, this chapter does not apply unless the written contract entered into by an equine professional for:
(1) the providing of professional services;
(2) the providing of instruction; or
(3) the rental of:
(A) equipment or tack; or
(B) an equine;
to a participant contains in clearly readable print the warning notice set forth in section 5 of this chapter.
(b) The warning notice required by subsection (a) must be included in a written contract described in subsection (a) whether or not the contract involves equine activities on or off the location or site of the equine professional’s business.
CREDIT(S)
As added by P.L.1-1998, SEC.27.
34-31-5-5 Contents of warning notice
Sec. 5. The warning notice that must be printed on a sign under section 3 of this chapter and included in a written contract under section 4 of this chapter is as follows:
WARNING
Under Indiana law, an 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.
CREDIT(S)
As added by P.L.1-1998, SEC.27.