78B-4-202. Equine and livestock activity liability limitations.
(1)
It shall be presumed that participants in equine or livestock activities are aware of and understand that there are inherent risks associated with these activities.
Terms Used In Utah Code 78B-4-202
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
equine shows, fairs, competitions, performances, racing, sales, or parades that involve any breeds of equines and any equine disciplines, including dressage, hunter and jumper horse shows, grand prix jumping, multiple-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, hunting, endurance trail riding, and western games;
(b)
boarding or training equines;
(c)
teaching persons equestrian skills;
(d)
riding, inspecting, or evaluating an equine owned by another person regardless of whether the owner receives monetary or other valuable consideration;
(e)
riding, inspecting, or evaluating an equine by a prospective purchaser; or
(f)
other equine activities of any type including rides, trips, hunts, or informal or spontaneous activities sponsored by an equine activity sponsor. See Utah Code 78B-4-201
Equine activity sponsor: means an individual, group, governmental entity, club, partnership, or corporation, whether operating for profit or as a nonprofit entity, which sponsors, organizes, or provides facilities for an equine activity, including:
(a)
pony clubs, hunt clubs, riding clubs, 4-H programs, therapeutic riding programs, and public and private schools and postsecondary educational institutions that sponsor equine activities; and
(b)
operators, instructors, and promoters of equine facilities, stables, clubhouses, ponyride strings, fairs, and arenas. See Utah Code 78B-4-201
Equine professional: means a person compensated for an equine activity by:
(a)
instructing a participant;
(b)
renting to a participant an equine to ride, drive, or be a passenger upon the equine; or
Livestock: means all domesticated animals used in the production of food, fiber, or livestock activities. See Utah Code 78B-4-201
Livestock activity: means :
(a)
livestock shows, fairs, competitions, performances, packing events, or parades or rodeos that involve any or all breeds of livestock;
(b)
using livestock to pull carts or to carry packs or other items;
(c)
using livestock to pull travois-type carriers during rescue or emergency situations;
(d)
livestock training or teaching activities or both;
(e)
taking livestock on public relations trips or visits to schools or nursing homes;
(f)
boarding livestock;
(g)
riding, inspecting, or evaluating any livestock belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the livestock or is permitting a prospective purchaser of the livestock to ride, inspect, or evaluate the livestock;
(h)
using livestock in wool production;
(i)
rides, trips, or other livestock activities of any type however informal or impromptu that are sponsored by a livestock activity sponsor; and
Livestock activity sponsor: means an individual, group, governmental entity, club, partnership, or corporation, whether operating for profit or as a nonprofit entity, which sponsors, organizes, or provides facilities for a livestock activity, including:
(a)
livestock clubs, 4-H programs, therapeutic riding programs, and public and private schools and postsecondary educational institutions that sponsor livestock activities; and
(b)
operators, instructors, and promoters of livestock facilities, stables, clubhouses, fairs, and arenas. See Utah Code 78B-4-201
Livestock professional: means a person compensated for a livestock activity by:
(a)
instructing a participant;
(b)
renting to a participant any livestock for the purpose of riding, driving, or being a passenger upon the livestock; or
(c)
renting livestock equipment or tack to a participant. See Utah Code 78B-4-201
Participant: means any person, whether amateur or professional, who directly engages in an equine activity or livestock activity, regardless of whether a fee has been paid to participate. See Utah Code 78B-4-201
(2)
An equine activity sponsor, equine professional, livestock activity sponsor, or livestock professional is not liable for an injury to or the death of a participant due to the inherent risks associated with these activities, unless the sponsor or professional:
(a)
(i)
provided the equipment or tack;
(ii)
the equipment or tack caused the injury; and
(iii)
the equipment failure was due to the sponsor’s or professional’s negligence;
(b)
failed to make reasonable efforts to determine whether the equine or livestock could behave in a manner consistent with the activity with the participant;
(c)
owns, leases, rents, or is in legal possession and control of land or facilities upon which the participant sustained injuries because of a dangerous condition which was known to or should have been known to the sponsor or professional and for which warning signs have not been conspicuously posted;
(d)
(i)
commits an act or omission that constitutes negligence, gross negligence, or willful or wanton disregard for the safety of the participant; and
(ii)
that act or omission causes the injury; or
(e)
intentionally injures or causes the injury to the participant.
(3)
This chapter does not prevent or limit the liability of an equine activity sponsor, an equine professional, a livestock activity sponsor, or a livestock professional who is:
(a)
a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, in an action to recover for damages incurred in the course of providing professional treatment of an equine;
