New Jersey Statutes 5:15-9. Exceptions to limitation on liability
Terms Used In New Jersey Statutes 5:15-9
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
a. Knowingly providing equipment or tack that is faulty to the extent that it causes or contributes to injury.
b. Failure to make reasonable and prudent efforts to determine the participant’s ability to safely manage the particular equine animal, based on the participant’s representation of his ability, or the representation of the guardian, or trainer of that person standing in loco parentis, if a minor.
c. A case in which the participant is injured or killed by a known dangerous latent condition on property owned or controlled by the equine animal activity operator and for which warning signs have not been posted.
d. An act or omission on the part of the operator that constitutes negligent disregard for the participant’s safety, which act or omission causes the injury, and
e. Intentional injuries to the participant caused by the operator.
L.1997,c.287,s.9.