Pennsylvania Act 2005-93 — EQUINE ACTIVITY IMMUNITY ACT

Act text

EQUINE ACTIVITY IMMUNITY ACT
                  Act of Dec. 22, 2005, P.L. 472, No. 93              Cl. 42
                                  AN ACT

     Providing for immunity for equine owners, possessors or
        handlers.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Scope.
        This act shall apply to an individual, group, club or
     business entity that sponsors, organizes, conducts or provides
     the facilities for an equine activity as defined in this act.
     Section 2.  Immunity.
        (a)  Assumption of risk.--As to those within the scope of
     this act, liability for negligence shall only be barred where
     the doctrine of knowing voluntary assumption of risk is proven
     with respect to damages due to injuries or death to an adult
     participant resulting from equine activities.
        (b)  Equine activities.--For the purposes of this act,
     immunity shall apply where an equine is utilized in the
     following manner:
            (1)  Equine training, teaching, riding instruction,
        shows, fairs, parades, competitions or performances which
        involve breeds of equine participating in an activity. This
        paragraph shall include, but not be limited to, dressage,
        hunter and jumper shows, Grand Prix jumping, three-day
        eventing, combined training, rodeos, reining, cutting, team
        penning and sorting, driving, pulling, barrel racing,
        steeplechasing, English and Western performance riding and
        endurance and nonendurance trail riding. This paragraph shall
        also include Western games, gymkhana, hunting, packing,
        therapeutic riding and driving and recreational riding.
            (2)  Equine or rider and driver training, teaching,
        instruction or evaluation. This paragraph includes clinics,
        seminars and demonstrations.
            (3)  Boarding equines, including normal daily care.
            (4)  Breeding equines, whether by live cover or
        artificial insemination.
            (5)  Inspecting, riding or evaluating an equine belonging
        to another by a purchaser or agent, whether or not the owner
        of the equine has received anything of value for the use of
        the equine or is permitting a prospective purchaser or a
        purchaser's agent to ride, drive, inspect or evaluate the
        equine.
            (6)  Recreational rides or drives which involve riding or
        other activity involving the use of an equine.
            (7)  Placing, removing or replacing of horseshoes or the
        trimming of an equine's hooves.
            (8)  Leading, handling or grooming of an equine.
     Section 3.  Signing.
        This act shall provide immunity only where signing is
     conspicuously posted on the premises on a sign at least three
     feet by two feet, in two or more locations, which states the
     following:
            You assume the risk of equine activities pursuant to
            Pennsylvania law.
     Section 4.  Equine propensity.
        Evidence of viciousness of the equine shall not be required
     before a possessor of an equine shall be subject to liability
     for harm.
     Section 5.  Effect on other laws.
        This act shall not affect common law or any statute for the
     protection of the user of the equine. In no event shall this act
     apply to any matter involving a motor vehicle covered by 75
     Pa.C.S. Ch. 17 (relating to financial responsibility) or a
     successor act or to any non-equine-related activity or entity.
     Section 6.  Construction.
        The immunity provided for by this act shall be narrowly
     construed.
     Section 7.  Effective date.
        This act shall take effect in 60 days.