As Amended
SEC. 95-11-5. Extent of immunity from liability.
(1) Except as provided in subsection (2) of this section, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in subsection (2) of this section, a participant's representative shall not make any claim against, or recover from an equine professional, or any other person for injury, loss, damage or death of the participant resulting from any of the inherent risks of equine activities.
(2) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine activity sponsor, an equine professional or any other person if the equine activity sponsor, equine professional or person:
(a)
(i) Provided the equipment or tack and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury.
(ii) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to safely manage the particular equine based on the participant's representations of his ability.
(b) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine activity sponsor, equine professional or person, and for which warning signs have not been conspicuously posted.
(c) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury.
(d) Intentionally injures the participant.
(3) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in products liability laws.
SOURCES: Laws, 1994, ch. 443, Sec. 3, eff from and after July 1, 1994