Markovitz v. Cassenti, 56 N.E.3d 894, 90 Mass.App.Ct. 1102 (2016)
Posted: May 27, 2020 Filed under: Equine Activities (Horses, Donkeys, Mules) & Animals, Legal Case, Massachusetts, Release (pre-injury contract not to sue) | Tags: Donkeys, Equine Activities, Equine Activities (Horses, Equine Liability Statute, Massachusetts, Massachusetts Equine Liability Act, Mules), riding, Riding Lesson 1 CommentMarkovitz v. Cassenti, 56 N.E.3d 894, 90 Mass.App.Ct. 1102 (2016)
90 Mass.App.Ct. 1102 (2016)
56 N.E.3d 894
Joanne Markovitz & another [ 1]
Christine Cassenti & another. [ 2]
15-P-1274
Appeals Court of Massachusetts
August 18, 2016
Editorial Note:
This decision has been referenced in an “Appeals Court of Massachusetts Summary Dispositions” table in the North Eastern Reporter. And pursuant to its rule 1:28, As Amended by 73 Mass.App.Ct. 1001 (2009) are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel’s decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass.App.Ct. 258, 260 N.4, 881 N.E.2d 792 (2008).
Judgment affirmed.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
In this negligence action arising out of the plaintiff’s injury following her fall off a horse during a group riding lesson at defendants’ Chrislar Farm, a Superior Court judge granted summary judgment for the defendants.[ 3] The plaintiff appealed.
Background.
On July 16, 2009, the plaintiff filled out and signed an application for riding lessons at Chrislar Farm. In that application, she wrote that she had six months of riding experience in 2001 and that she wanted to continue to learn to ride. The form contained a section entitled ” RELEASE,” which stated: ” I, the Club member/Student (or parent or guardian) recognize the inherent risks of injury involved in horseback riding/driving and being around horses generally, and in learning to ride/drive in particular. In taking lessons at CHRISLAR FARM or participating in Club activities, I assume any and all such risk of injury and further, I voluntarily release CHRISLAR FARM, its owners, instructors, employees and agents from any and all responsibility on account of any injury I (or my child or ward) may sustain for any reason while on the premises of CHRISLAR FARM or participating in Club activities, and I agree to indemnify and hold harmless CHRISLAR FARM, its owners, instructors, employees and agents on account of any such claim.”
The plaintiff signed the form on the signature line immediately below the release.[ 4]
Between July of 2009 and September of 2010, the plaintiff took thirty-minute private riding lessons on a regular basis. Between September, 2010, and January, 2011, the plaintiff took one-hour group riding lessons and walked, trotted, and cantered several different horses. On September 3, 2010, the defendants leased a horse named Jolee. Christine Cassenti had known this horse for a long time. The trainer conducting the lessons thought that the horse was ” sweet and did everything you asked her to do.”
The plaintiff first rode Jolee during a ” musical horses” exercise. She then rode Jolee during the next three one-hour group lessons on December 23, 2010, December 30, 2010, and January 6, 2011. At one point during the December 23, 2010, lesson, Jolee went from a trot into a canter and stayed in a circle formation instead of performing a figure eight. Following the instructions from the trainer, the plaintiff slowed down and stopped Jolee. The plaintiff rode Jolee without incident on December 30, 2010, and January 6, 2011.
On January 20, 2011, a year and one-half after the plaintiff began taking lessons at Chrislar Farm, the plaintiff rode Jolee for the fourth time. She noticed that Jolee briefly pinned her ears. After finishing a walk, the plaintiff began trotting Jolee. At one point, Jolee sped up into a faster trot and turned left, causing the plaintiff to lose her balance and fall.
Discussion.
Massachusetts courts have generally upheld release agreements immunizing defendants from future liability for their negligent acts, including in cases related to sports and recreation. See Lee v. Allied Sports Assocs., Inc., 349 Mass. 544, 550, 552, 209 N.E.2d 329 (1965) (spectator at pit area of speedway); Cormier v. Central Mass. Chapter of the Natl. Safety Council, 416 Mass. 286, 288-289, 620 N.E.2d 784 (1993) (beginner rider in motorcycle safety class); Sharon v. Newton, 437 Mass. 99, 105-107, 769 N.E.2d 738 (2002) (student at cheerleading practice). The challenges to releases from liability have regularly been resolved by summary judgment. See, e.g., Cormier, supra at 287; Sharon, supra at 103; Gonsalves v. Commonwealth, 27 Mass.App.Ct. 606, 606, 541 N.E.2d 366 (1989). In this case, we conclude that the release signed by the plaintiff, which the plaintiff has not challenged as unclear or ambiguous, barred her negligence claim.[ 5]
To avoid the preclusive effect of the release, the plaintiff argues that she was entitled to proceed under G. L. c. 128, § 2D( c )(1)(ii), inserted by St. 1992, c. 212, § 1, which provides one of the exceptions to the exemption from liability: ” Nothing in subsection (b) shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person: ” (1) . . . (ii) provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant . . . to safely manage the particular equine based on the participant’s representations of his ability.” [ 6]
Rather than creating a new duty in addition to those that already exist under our common law, as argued by the plaintiff, this subsection provides an exception to the overall bar to liability established by the statute, and allows a plaintiff to proceed with a negligence claim in certain limited circumstances. Because the statute does not create new duties on the part of the equine professional, the plaintiff cannot rely on it to avoid the preclusive effect of the release she signed. This case is distinguishable from Pinto v. Revere-Saugus Riding Academy, Inc., 74 Mass.App.Ct. 389, 395, 907 N.E.2d 259 (2009), which did not involve a release.
Where the release is dispositive of the plaintiff’s claim, we need not decide if there were genuine issues of material fact as to whether the defendants failed to make reasonable efforts to determine the plaintiff’s ability to safely manage Jolee.
Judgment affirmed.
Cohen, Agnes & Henry, JJ.[ 7].
———
Notes:
[1]Gabriel Markovitz. He claimed loss of consortium.
[2]Lawrence Cassenti.
[3]For simplicity, we will refer to Joanne Markovitz as the plaintiff.
[4]The form also contained the following: ” WARNING: Under Massachusetts law, an equine professional is not liable for any injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Chapter 128, Section 2D of the General Laws.”
[5]” [W]hile a party may contract against liability for harm caused by its negligence, it may not do so with respect to its gross negligence.” Zavras v. Capeway Rovers Motorcycle Club, Inc., 44 Mass.App.Ct. 17, 19, 687 N.E.2d 1263 (1997). In a footnote in her brief, the plaintiff argues that it is a question of fact whether the trainer’s conduct amounted to gross negligence or wilful and wanton conduct. Here, viewing the summary judgment record in the light most favorable to the plaintiff, she cannot make out a case of gross negligence.
[6]The complaint contains a negligence count and a loss of consortium count. There is no mention of G. L. c. 128, § 2D.
[7]The panelists are listed in order of seniority.
———
Hawaii § 663B-2. Equine activities; rebuttable presumption
Posted: September 17, 2019 Filed under: Hawaii | Tags: Equine Activities, Equine Liability Act, Equine Liability Statute, Hawaii Leave a commentHawaii Statutes
Division 4. COURTS AND JUDICIAL PROCEEDINGS
Title 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
Chapter 663B. EQUINE ACTIVITIES
Current through Act 286 of the 2019 Legislative Session
§ 663B-2. Equine activities; rebuttable presumption
(a) In any civil action for injury, loss, damage, or death of a participant, there shall be a presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine professional, or their employees or agents, if the injury, loss, damage, or death was caused solely by the inherent risk and unpredictable nature of the equine. An injured person or their legal representative may rebut the presumption of no negligence by a preponderance of the evidence.
(b) Nothing in this section shall prevent or limit the liability of an equine activity sponsor, an equine professional, or their employees or agents if the equine activity sponsor, equine professional, or person:
(1) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was a proximate cause of the injury;
(2) 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; or determine the ability of the participant to safely manage the particular equine based on the participant’s representations of the participant’s ability; or determine the characteristics of the particular equine and suitability of the equine to participate in equine activities with the participant; or failed to reasonably supervise the equine activities and such failure is a proximate cause of the injury;
(3) Owns, leases, rents, or otherwise is 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 reasonably should have been known to the equine activity sponsor, equine professional, or person, or for which reasonable warning signs have not been conspicuously posted;
(4) Commits an act or omission that constitutes gross negligence or wilful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or
(5) Intentionally injures the participant.
(c) Nothing in subsection (a) shall prevent or limit the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws or in sections 142-63, 142-64, 142-65, 142-66, and 142-68.
Cite as (Casemaker) HRS § 663B-2
History. L 1994, c 249, pt of §1
Note:
Revision Note
Subsection (c) redesignated pursuant to § 23G-15(1).
Case Notes:
If plaintiff’s claims that ranch tour guide failed to reasonably supervise the equine activities that were the proximate cause of plaintiff’s injury were correct, the presumption of non-negligence set forth in this section would not apply; thus it was error for trial court to apply this section to the case. 111 Haw. 254, 141 P.3d 427.
Michigan Equine Activity Liability Act
Posted: January 9, 2016 Filed under: Equine Activities (Horses, Donkeys, Mules) & Animals, Michigan | Tags: Equine, Equine Activities, Equine Liability Act, Equine Liability Statute, Horse, Horses, Michigan, stable Leave a commentMICHIGAN COMPILED LAWS SERVICE
Copyright © 2015 Matthew Bender & Company, Inc.
a member of the LexisNexis Group.
All rights reserved.
This document is current through 2015 Public Act 202 with the exception of Public Acts 160, 167, 170, 173-176, 178-179, 181, 182, 191, and 198.
Chapter 691 Judiciary
Act 351 of 1994 Equine Activity Liability Act
Go to the Michigan Code Archive Directory
MCLS § 691.1662 (2015)
§ 691.1663. Injury, death, or property damage; liability.
§ 691.1664. Liability; exception; waiver.
§ 691.1665. Liability not prevented or limited; conditions.
§ 691.1666. Notice; posting and maintenance of signs; contract; contents of notice.
§ 691.1667. Applicability of act.
§ 691.1661. Short title.
Sec. 1. This act shall be known and may be cited as the “equine activity liability act”.
HISTORY: Pub Acts 1994, No. 351, § 1, eff March 30, 1995.
NOTES:
Prior codification:
MSA § 12.418(1)
Editor’s notes:
Pub Acts 1994, No. 351, § 7, eff March 30, 1995, provides:
“Sec. 7. This act applies only to a cause of action filed on or after the effective date of this act.”.
LexisNexis(R) Michigan analytical references:
Michigan Law and Practice, Animals §§ 61, 71
Michigan Law and Practice, Torts § 74
ALR notes:
Liability of owner or bailor of horse for injury by horse to hirer or bailee thereof, 6 ALR4th 358
Validity, construction, and effect of agreement exempting operator of amusement facility from liability for personal injury or death of patron, 54 ALR5th 513
Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 ALR2d 1161
Liability of youth camp, its agents or employees, or of scouting leader or organization, for injury to child participant in program, 88 ALR3d 1236
Research references:
4 Am Jur 2d, Animals §§ 96-100, 105, 106, 113-115, 122, 134, 136-141
1C Am Jur Pl & Pr Forms, Rev, Animals, §§ 3, 132-140
13 Am Jur Proof of Facts 2d 473, Knowledge of Animal’s Vicious Propensities
25 Am Jur Proof of Facts 2d 461, Failure to Use Due Care in Providing Horses for Hire
§ 691.1662. Definitions.
Sec. 2. As used in this act:
(a) “Engage in an equine activity” means riding, training, driving, breeding, being a passenger upon, or providing or assisting in veterinary treatment of an equine, whether mounted or unmounted. Engage in an equine activity includes visiting, touring, or utilizing an equine facility as part of an organized event or activity including the breeding of equines, or assisting a participant or show management. Engage in equine activity does not include spectating at an equine activity, unless the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity.
(b) “Equine” means horse, pony, mule, donkey, or hinny.
(c) “Equine activity” means any of the following:
(i) An equine show, fair, competition, performance, or parade including, but not limited to, dressage, a hunter and jumper horse show, grand prix jumping, a 3-day event, combined training, a rodeo, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting.
(ii) Equine training or teaching activities.
(iii) Boarding equines, including their normal daily care.
(iv) Breeding equines, including the normal daily care and activities associated with breeding equines.
(v) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner receives monetary consideration or another thing of value for the use of the equine or is permitting a prospective purchaser of the equine or an agent to ride, inspect, or evaluate the equine.
(vi) A ride, trip, hunt, or other activity, however informal or impromptu, that is sponsored by an equine activity sponsor.
(vii) Placing or replacing a horseshoe on or hoof trimming of an equine.
(d) “Equine activity sponsor” means an individual, group, club, partnership, or corporation, whether or not operating for profit, that sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, a pony club; 4-H club; hunt club; riding club; school- or college-sponsored class, program, or activity; therapeutic riding program; stable or farm owner; and operator, instructor, or promoter of an equine facility including, but not limited to, a stable, clubhouse, ponyride string, fair, or arena at which the equine activity is held.
(e) “Equine professional” means a person engaged in any of the following for compensation:
(i) Instructing a participant in an equine activity.
(ii) Renting an equine, equipment, or tack to a participant.
(iii) Providing daily care of horses boarded at an equine facility.
(iv) Training an equine.
(v) Breeding of equines for resale or stock replenishment.
(f) “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:
(i) An equine’s propensity to behave in ways that may result in injury, harm, or death to a person on or around it.
(ii) The unpredictability of an equine’s reaction to things such as sounds, sudden movement, and people, other animals, or unfamiliar objects.
(iii) A hazard such as a surface or subsurface condition.
(iv) Colliding with another equine or object.
(g) “Participant” means an individual, whether amateur or professional, engaged in an equine activity, whether or not a fee is paid to participate.
HISTORY: Pub Acts 1994, No. 351, § 2, eff March 30, 1995.
NOTES:
Prior codification:
MSA § 12.418(2)
Editor’s notes:
Pub Acts 1994, No. 351, § 7, eff March 30, 1995, provides:
“Sec. 7. This act applies only to a cause of action filed on or after the effective date of this act.”.
NOTES TO DECISIONS
Plaintiff, a visitor to a stable, was a “participant” under the Equine Activity Liability Act when she briefly assisted in the care of a horse owned by a friend. Therefore her claim for damages arising from being bitten by a horse was properly dismissed on summary. Amburgey v. Sauder, 238 Mich. App. 228, 605 N.W.2d 84, 1999 Mich. App. LEXIS 282 (Mich. Ct. App. 1999).
Horse owner could invoke MCL § 691.1663 of the Michigan Equine Activity Liability Act (EALA), MCL §§ 691.1661 et seq., although she was not an equine professional or an equine activity sponsor because she fit within the definition of “another person” under § 691.1663 of the EALA. Also, she properly was characterized as an equine participant as that term was defined in MCL § 691.1662. Gardner v. Simon, 445 F. Supp. 2d 786, 2006 U.S. Dist. LEXIS 57228 (W.D. Mich. 2006).
Rider’s injuries while riding a horse resulted from “an inherent risk of an equine activity” as that phrase was defined under MCL § 691.1662(f) of the Michigan Equine Activity Liability Act, MCL §§ 691.1661 et seq., based on the rider’s testimony that, upon being mounted, the horse got a little antsy and started to raise up on the front end a little bit at which time the rider, who was experienced, began turning the horse in tight circles to settle him down. After turning two circles, the horse bumped his head on a tree; reared up and caught one of his front hoofs in a tree; went over backwards and fell on the rider, injuring the rider. Gardner v. Simon, 445 F. Supp. 2d 786, 2006 U.S. Dist. LEXIS 57228 (W.D. Mich. 2006).
LexisNexis(R) Michigan analytical references:
Michigan Law and Practice, Animals § 73
ALR notes:
Liability of owner or bailor of horse for injury by horse to hirer or bailee thereof, 6 ALR4th 358
Validity, construction, and effect of agreement exempting operator of amusement facility from liability for personal injury or death of patron, 54 ALR5th 513
Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 ALR2d 1161
Liability of youth camp, its agents or employees, or of scouting leader or organization, for injury to child participant in program, 88 ALR3d 1236
Michigan Digest references:
Animals § 15
Research references:
1C Am Jur Pl & Pr Forms, Rev, Animals, § 1
25 Am Jur Proof of Facts 2d 461, Failure to Use Due Care in Providing Horses for Hire
§ 691.1663. Injury, death, or property damage; liability.
Sec. 3. Except as otherwise provided in section 5, an equine activity sponsor, an equine professional, or another person is not liable for an injury to or the death of a participant or property damage resulting from an inherent risk of an equine activity. Except as otherwise provided in section 5, a participant or participant’s representative shall not make a claim for, or recover, civil damages from an equine activity sponsor, an equine professional, or another person for injury to or the death of the participant or property damage resulting from an inherent risk of an equine activity.
HISTORY: Pub Acts 1994, No. 351, § 3, eff March 30, 1995.
NOTES:
Prior codification:
MSA § 12.418(3)
Editor’s notes:
Pub Acts 1994, No. 351, § 7, eff March 30, 1995, provides:
“Sec. 7. This act applies only to a cause of action filed on or after the effective date of this act.”.
NOTES TO DECISIONS
Judgment granting summary disposition under MCR 2.116(C)(10) in favor of a horse owner in a neighbor’s personal injury action was affirmed because the neighbor failed to produce evidence in support of her claims under MCL 691.1665(b) and (d) as her injury resulted from an inherent risk of an equine activity and she did not prove otherwise. The claim was barred under MCL 691.1663. Beattie v. Mickalich, 284 Mich. App. 564, 773 N.W.2d 748, 2009 Mich. App. LEXIS 1445 (Mich. Ct. App. 2009), rev’d, 486 Mich. 1060, 784 N.W.2d 38, 2010 Mich. LEXIS 1452 (Mich. 2010).
Horse owner could invoke MCL § 691.1663 of the Michigan Equine Activity Liability Act (EALA), MCL §§ 691.1661 et seq., although she was not an equine professional or an equine activity sponsor because she fit within the definition of “another person” under § 3 of the EALA. Also, she properly was characterized as an equine participant as that term was defined in MCL § 691.1662. Gardner v. Simon, 445 F. Supp. 2d 786, 2006 U.S. Dist. LEXIS 57228 (W.D. Mich. 2006).
Bar to liability set forth in MCL § 691.1663 of the Michigan Equine Activity Liability Act (EALA), MCL §§ 691.1661 et seq., was subject to MCL § 691.1665, which provided that § 691.1663 of the EALA did not prevent liability for a negligent act or omission that proximately caused an injury. Accordingly, the EALA did not prevent liability on a rider’s claim that a horse owner was negligent in failing to warn the rider about the horse’s dangerous and viscous propensities; and whether the owner acted reasonably by suggesting to the rider that he ride the horse and not warning the rider that the horse was in need of further training, in light of the rider’s extensive experience with horses, was clearly a question of fact for a jury. Gardner v. Simon, 445 F. Supp. 2d 786, 2006 U.S. Dist. LEXIS 57228 (W.D. Mich. 2006).
Statutory references:
Section 5, above referred to, is § 691.1665.
LexisNexis(R) Michigan analytical references:
Michigan Law and Practice, Animals §§ 71, 73
Michigan Law and Practice, Torts § 74
ALR notes:
Liability of owner or bailor of horse for injury by horse to hirer or bailee thereof, 6 ALR4th 358
Validity, construction, and effect of agreement exempting operator of amusement facility from liability for personal injury or death of patron, 54 ALR5th 513
Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 ALR2d 1161
Liability of youth camp, its agents or employees, or of scouting leader or organization, for injury to child participant in program, 88 ALR3d 1236
Michigan Digest references:
Animals § 15
Research references:
4 Am Jur 2d, Animals §§ 96-100, 105, 106, 113-115, 122, 134, 136-141
1C Am Jur Pl & Pr Forms, Rev, Animals, §§ 3, 132-140
13 Am Jur Proof of Facts 2d 473, Knowledge of Animal’s Vicious Propensities
25 Am Jur Proof of Facts 2d 461, Failure to Use Due Care in Providing Horses for Hire
§ 691.1664. Liability; exception; waiver.
Sec. 4. (1) This act does not apply to a horse race meeting that is regulated by the racing law of 1980, Act No. 327 of the Public Acts of 1980, being sections 431.61 to 431.88 of the Michigan Compiled Laws.
(2) Two persons may agree in writing to a waiver of liability beyond the provisions of this act and such waiver shall be valid and binding by its terms.
HISTORY: Pub Acts 1994, No. 351, § 4, eff March 30, 1995.
NOTES:
Prior codification:
MSA § 12.418(4)
Editor’s notes:
Pub Acts 1994, No. 351, § 7, eff March 30, 1995, provides:
“Sec. 7. This act applies only to a cause of action filed on or after the effective date of this act.”.
NOTES TO DECISIONS
The Equine Activity Liability Act (EALA) provides immunity to commercial riding stables from claims for damages resulting from the inherent risks of horseback riding and being around horses, but the immunity provision does not apply to horse race meetings; a horse race meeting within the meaning of the EALA includes the activity of exercising a race horse at a track in preparation for a race; while the EALA did not confer immunity on a race track in a suit brought by a exercise rider who was injured when he was thrown from a horse, the release signed by the plaintiff was broad enough to protect the defendant from liability. Cole v. Ladbroke Racing Mich., Inc., 241 Mich. App. 1, 614 N.W.2d 169, 2000 Mich. App. LEXIS 110 (Mich. Ct. App. 2000), app. denied, 463 Mich. 972, 623 N.W.2d 595, 2001 Mich. LEXIS 223 (Mich. 2001).
LexisNexis(R) Michigan analytical references:
Michigan Law and Practice, Animals § 71
Michigan Law and Practice, Torts § 74
ALR notes:
Liability of owner or bailor of horse for injury by horse to hirer or bailee thereof, 6 ALR4th 358
Validity, construction, and effect of agreement exempting operator of amusement facility from liability for personal injury or death of patron, 54 ALR5th 513
Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 ALR2d 1161
Liability of youth camp, its agents or employees, or of scouting leader or organization, for injury to child participant in program, 88 ALR3d 1236
Michigan Digest references:
Animals § 13
Research references:
4 Am Jur 2d, Animals §§ 96-100, 105, 106, 113-115, 122, 134, 136-141
25 Am Jur Proof of Facts 2d 461, Failure to Use Due Care in Providing Horses for Hire
Legal periodicals:
Fayz, Annual Survey of Michigan Law, June 1, 1999-May 31, 2000: Torts, 47 Wayne L Rev 719 (2001)
§ 691.1664. Liability; exception; waiver.
Sec. 4. (1) This act does not apply to a horse race meeting that is regulated by the racing law of 1980, Act No. 327 of the Public Acts of 1980, being sections 431.61 to 431.88 of the Michigan Compiled Laws.
(2) Two persons may agree in writing to a waiver of liability beyond the provisions of this act and such waiver shall be valid and binding by its terms.
HISTORY: Pub Acts 1994, No. 351, § 4, eff March 30, 1995.
NOTES:
Prior codification:
MSA § 12.418(4)
Editor’s notes:
Pub Acts 1994, No. 351, § 7, eff March 30, 1995, provides:
“Sec. 7. This act applies only to a cause of action filed on or after the effective date of this act.”.
NOTES TO DECISIONS
The Equine Activity Liability Act (EALA) provides immunity to commercial riding stables from claims for damages resulting from the inherent risks of horseback riding and being around horses, but the immunity provision does not apply to horse race meetings; a horse race meeting within the meaning of the EALA includes the activity of exercising a race horse at a track in preparation for a race; while the EALA did not confer immunity on a race track in a suit brought by a exercise rider who was injured when he was thrown from a horse, the release signed by the plaintiff was broad enough to protect the defendant from liability. Cole v. Ladbroke Racing Mich., Inc., 241 Mich. App. 1, 614 N.W.2d 169, 2000 Mich. App. LEXIS 110 (Mich. Ct. App. 2000), app. denied, 463 Mich. 972, 623 N.W.2d 595, 2001 Mich. LEXIS 223 (Mich. 2001).
LexisNexis(R) Michigan analytical references:
Michigan Law and Practice, Animals § 71
Michigan Law and Practice, Torts § 74
ALR notes:
Liability of owner or bailor of horse for injury by horse to hirer or bailee thereof, 6 ALR4th 358
Validity, construction, and effect of agreement exempting operator of amusement facility from liability for personal injury or death of patron, 54 ALR5th 513
Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 ALR2d 1161
Liability of youth camp, its agents or employees, or of scouting leader or organization, for injury to child participant in program, 88 ALR3d 1236
Michigan Digest references:
Animals § 13
Research references:
4 Am Jur 2d, Animals §§ 96-100, 105, 106, 113-115, 122, 134, 136-141
25 Am Jur Proof of Facts 2d 461, Failure to Use Due Care in Providing Horses for Hire
Legal periodicals:
Fayz, Annual Survey of Michigan Law, June 1, 1999-May 31, 2000: Torts, 47 Wayne L Rev 719 (2001)
§ 691.1665. Liability not prevented or limited; conditions.
Sec. 5. Section 3 does not prevent or limit the liability of an equine activity sponsor, equine professional, or another person if the equine activity sponsor, equine professional, or other person does any of the following:
(a) Provides equipment or tack and knows or should know that the equipment or tack is faulty, and the equipment or tack is faulty to the extent that it is a proximate cause of the injury, death, or damage.
(b) Provides an equine and fails to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to determine the ability of the participant to safely manage the particular equine. A person shall not rely upon a participant’s representations of his or her ability unless these representations are supported by reasonably sufficient detail.
(c) Owns, leases, rents, has authorized use of, or otherwise is in lawful possession and control of land or facilities on which the participant sustained injury because of a dangerous latent condition of the land or facilities that is known to the equine activity sponsor, equine professional, or other person and for which warning signs are not conspicuously posted.
(d) If the person is an equine activity sponsor or equine professional, commits an act or omission that constitutes a willful or wanton disregard for the safety of the participant, and that is a proximate cause of the injury, death, or damage.
(e) If the person is not an equine activity sponsor or equine professional, commits a negligent act or omission that constitutes a proximate cause of the injury, death, or damage.
HISTORY: Pub Acts 1994, No. 351, § 5, eff March 30, 1995; amended by Pub Acts 2015, No. 87, eff September 21, 2015.
NOTES:
Prior codification:
MSA § 12.418(5)
Editor’s notes:
Pub Acts 1994, No. 351, § 7, eff March 30, 1995, provides:
“Sec. 7. This act applies only to a cause of action filed on or after the effective date of this act.”.
Amendment Notes
The 2015 amendment by PA 87 rewrote (d), which formerly read: “Commits a negligent act or omission that constitutes a proximate cause of the injury, death, or damage”; and added (e).
NOTES TO DECISIONS
Judgment granting summary disposition under MCR 2.116(C)(10) in favor of a horse owner in a neighbor’s personal injury action was affirmed because the neighbor failed to produce evidence in support of her claims under MCL 691.1665(b) and (d) as her injury resulted from an inherent risk of an equine activity and she did not prove otherwise. The claim was barred under MCL 691.1663. Beattie v. Mickalich, 284 Mich. App. 564, 773 N.W.2d 748, 2009 Mich. App. LEXIS 1445 (Mich. Ct. App. 2009), rev’d, 486 Mich. 1060, 784 N.W.2d 38, 2010 Mich. LEXIS 1452 (Mich. 2010).
Bar to liability set forth in MCL § 691.1663 of the Michigan Equine Activity Liability Act (EALA), MCL §§ 691.1661 et seq., was subject to MCL § 691.1665, which provided that § 691.1663 of the EALA did not prevent liability for a negligent act or omission that proximately caused an injury. Accordingly, the EALA did not prevent liability on a rider’s claim that a horse owner was negligent in failing to warn the rider about the horse’s dangerous and viscous propensities; and whether the owner acted reasonably by suggesting to the rider that he ride the horse and not warning the rider that the horse was in need of further training, in light of the rider’s extensive experience with horses, was clearly a question of fact for a jury. Gardner v. Simon, 445 F. Supp. 2d 786, 2006 U.S. Dist. LEXIS 57228 (W.D. Mich. 2006).
Statutory references:
Section 3, above referred to, is § 691.1663.
LexisNexis(R) Michigan analytical references:
Michigan Law and Practice, Animals § 71
ALR notes:
Liability of owner or bailor of horse for injury by horse to hirer or bailee thereof, 6 ALR4th 358
Validity, construction, and effect of agreement exempting operator of amusement facility from liability for personal injury or death of patron, 54 ALR5th 513
Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 ALR2d 1161
Liability of youth camp, its agents or employees, or of scouting leader or organization, for injury to child participant in program, 88 ALR3d 1236
Michigan Digest references:
Animals § 15
Research references:
4 Am Jur 2d, Animals §§ 96-100, 105, 106, 113-115, 122, 134, 136-141
1C Am Jur Pl & Pr Forms, Rev, Animals, §§ 3, 132-140
25 Am Jur Proof of Facts 2d 461, Failure to Use Due Care in Providing Horses for Hire
Act 351 of 1994 Equine Activity Liability Act prec 691.1661
AN ACT to regulate civil liability related to equine activities; and to prescribe certain duties for equine professionals.
The People of the State of Michigan enact:
HISTORY: ACT 351, 1994, p 1749, eff March 30, 1995.
NOTES:
Editor’s notes:
Pub Acts 1994, No. 351, § 7, eff March 30, 1995, provides:
“Sec. 7. This act applies only to a cause of action filed on or after the effective date of this act.”
§ 691.1666. Notice; posting and maintenance of signs; contract; contents of notice.
Sec. 6. (1) An equine professional shall post and maintain signs that contain the warning notice set forth in subsection (3). The signs shall be placed in a clearly visible location in close proximity to the equine activity. The warning notice shall appear on the sign in conspicuous letters no less than 1 inch in height.
(2) A written contract entered into by an equine professional for providing professional services, instruction, or rental of equipment, tack, or an equine to a participant, whether or not the contract involves an equine activity on or off the location or site of the equine professional’s business, shall contain in clearly readable print the warning notice set forth in subsection (3).
(3) A sign or contract described in this section shall contain substantially the following warning notice:
WARNING
Under the Michigan equine activity liability act, an equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of the equine activity.
HISTORY: Pub Acts 1994, No. 351, § 6, eff March 30, 1995.
NOTES:
Prior codification:
MSA § 12.418(6)
Editor’s notes:
Pub Acts 1994, No. 351, § 7, eff March 30, 1995, provides:
“Sec. 7. This act applies only to a cause of action filed on or after the effective date of this act.”.
LexisNexis(R) Michigan analytical references:
Michigan Law and Practice, Animals § 72
ALR notes:
Liability of owner or bailor of horse for injury by horse to hirer or bailee thereof, 6 ALR4th 358
Validity, construction, and effect of agreement exempting operator of amusement facility from liability for personal injury or death of patron, 54 ALR5th 513
Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 ALR2d 1161
Liability of youth camp, its agents or employees, or of scouting leader or organization, for injury to child participant in program, 88 ALR3d 1236
§ 691.1667. Applicability of act.
Sec. 7. This act applies only to a cause of action filed on or after the effective date of this act.
HISTORY: Pub Acts 1994, No. 351, § 7, eff March 30, 1995.
NOTES:
Prior codification:
MSA § 12.418(7)
Virginia Chapter 62. Equine Activity Liability
Posted: 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 commentCODE 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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