Do Equine Activity Liability Acts Apply to Other Species of Animals?
In January 2013, I was the speaker at a national teleconference on Equine Law and also spoke at continuing legal education programs on Equine Law for the Washington State Bar Association and New York State Bar Association. Attendees raised several questions, and some of them are shared on this blog.
Regarding an Equine Activity Liability Act, are there any similar or analogous statutes relating to any other animals/species?
The Equine Activity Liability Acts, now found in 46 states (all states except New York, California, Nevada, and Maryland), were designed, in various ways, to limit or control certain liabilities in equine activities. Although all of them differ, most share common characteristics. That is, they usually provide that an “equine activity sponsor,” “equine professional” (defined terms) or another person are not liable is an “equine activity participant” sustained injury, death, or damage while “engaging in an equine activity” as long as an “inherent risk” was the reason for the injury, death, or damage. Definitions of the quoted terms vary around the country.
A small number of these state statutes apply, by their terms, to “farm animals,” such as Kentucky’s statute [K.R.S. §§ 247.401 - 4029] and the Texas statute [T.C.A. Civil Practice & Remedies Code § 87.001, et seq.]. Some statutes expressly apply to equines and llamas, such as the Colorado statute [C.R.S.A. § 13-21-119]. I am unaware of other animal-related statutes that are comparable to the equine activity liability statutes. These laws, to my knowledge, do not resemble dog bite statutes.
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Julie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. A frequent author and speaker on legal issues, she has written over 400 published articles, three books, and has lectured at seminars, conventions, and conferences in 29 states on issues involving law, liability, risk management, and insurance. For more information, please also visit www.fershtmanlaw.com and www.equinelaw.net, and www.equinelaw.info.View All Posts by Author ›
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"Industry Service Award" - Michigan Equine Partnership
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