Exceptions to immunity for certain acts or omissions
Sec. 2. (a) This section does not apply to the horse racing
industry.
(b) Section 1 of this chapter does not prevent or limit the liability
of an equine activity sponsor or an equine professional:
(1) who:
(A) provided equipment or tack that was faulty and that
caused the injury; and
(B) knew or should have known that the equipment or tack
was faulty;
(2) who provided the equine and failed to make reasonable and
prudent efforts based on the participant's representations of the
participant's ability to:
(A) determine the ability of the participant to engage safely
in the equine activity; and
(B) determine the ability of the participant to safely manage
the particular equine;
(3) who:
(A) was in lawful possession and control of the land or
facilities on which the participant sustained injuries; and
(B) knew or should have known of the dangerous latent
condition that caused the injuries;
if warning signs concerning the dangerous latent condition were
not conspicuously posted on the land or in the facilities;
(4) who committed an act or omission that:
(A) constitutes reckless disregard for the safety of the
participant; and
(B) caused the injury; or
(5) who intentionally injured the participant.
(c) Section 1 of this chapter does not prevent or limit the liability
of an equine activity sponsor or an equine professional under the
product liability laws.
As added by P.L.1-1998, SEC.27.
Last modified: May 24, 2006