Virginia Chapter 62. Equine Activity LiabilityPosted: April 14, 2014 Filed under: Equine Activities (Horses, Donkeys, Mules) & Animals, Release (pre-injury contract not to sue), Virginia | Tags: Equine, Equine Activities, Equus (genus), Horse, Mammals, minors, Release, Risk, Virginia Leave a comment
CODE OF VIRGINIA
TITLE 3.2. AGRICULTURE, ANIMAL CARE, AND FOOD
SUBTITLE V. DOMESTIC ANIMALS
CHAPTER 62. EQUINE ACTIVITY LIABILITY
GO TO CODE OF VIRGINIA ARCHIVE DIRECTORY
Va. Code Ann. § 3.2-6202 (2014)
§ 3.2-6202. Liability limited; liability actions prohibited
A. Except as provided in § 3.2-6203, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation, partnership, or limited liability company, shall not be liable for an injury to or death of a participant resulting from the intrinsic dangers of equine activities and, except as provided in § 3.2-6203, no participant nor any participant’s parent, guardian, or representative shall have or make any claim against or recover from any equine activity sponsor, equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the intrinsic dangers of equine activities.
B. Except as provided in § 3.2-6203, no participant or parent or guardian of a participant who has knowingly executed a waiver of his rights to sue or agrees to assume all risks specifically enumerated under this subsection may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant engaged in an equine activity. The waiver shall give notice to the participant of the intrinsic dangers of equine activities. The waiver shall remain valid unless expressly revoked in writing by the participant or parent or guardian of a minor.
HISTORY: 1991, c. 358, § 3.1-796.132; 2003, c. 876; 2008, c. 860.
NOTES: LAW REVIEW. –For article, “Virginia’s Rule of Non-waiver of Liability for Negligent Acts: Hiett v. Lake Barcroft Community Association, Inc.,” see 2 Geo. Mason L. Rev. 27 (1994).
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