Utah Code 78B-4-202. Equine and livestock activity liability limitations
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(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: means any member of the equidae family. See Utah Code 78B-4-201
- Equine activity: means :(2)(a) 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;(2)(b) boarding or training equines;(2)(c) teaching persons equestrian skills;(2)(d) riding, inspecting, or evaluating an equine owned by another person regardless of whether the owner receives monetary or other valuable consideration;(2)(e) riding, inspecting, or evaluating an equine by a prospective purchaser; or(2)(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:
(3)(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(3)(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:
(4)(a) instructing a participant;(4)(b) renting to a participant an equine to ride, drive, or be a passenger upon the equine; or(4)(c) renting equine equipment or tack to a participant. See Utah Code 78B-4-201- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Livestock: means all domesticated animals used in the production of food, fiber, or livestock activities. See Utah Code 78B-4-201
- Livestock activity: means :
(7)(a) livestock shows, fairs, competitions, performances, packing events, or parades or rodeos that involve any or all breeds of livestock;(7)(b) using livestock to pull carts or to carry packs or other items;(7)(c) using livestock to pull travois-type carriers during rescue or emergency situations;(7)(d) livestock training or teaching activities or both;(7)(e) taking livestock on public relations trips or visits to schools or nursing homes;(7)(f) boarding livestock;(7)(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;(7)(h) using livestock in wool production;(7)(i) rides, trips, or other livestock activities of any type however informal or impromptu that are sponsored by a livestock activity sponsor; and(7)(j) trimming the feet of any livestock. See Utah Code 78B-4-201- 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:
(8)(a) livestock clubs, 4-H programs, therapeutic riding programs, and public and private schools and postsecondary educational institutions that sponsor livestock activities; and(8)(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:
(9)(a) instructing a participant;(9)(b) renting to a participant any livestock for the purpose of riding, driving, or being a passenger upon the livestock; or(9)(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:(2)(a)(2)(a)(i) provided the equipment or tack;(2)(a)(ii) the equipment or tack caused the injury; and(2)(a)(iii) the equipment failure was due to the sponsor’s or professional’s negligence;(2)(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;(2)(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;(2)(d)(2)(d)(i) commits an act or omission that constitutes negligence, gross negligence, or willful or wanton disregard for the safety of the participant; and(2)(d)(ii) that act or omission causes the injury; or(2)(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:(3)(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;(3)(b) liable under Title 4, Chapter 25, Estrays; or(3)(c) liable under Title 78B, Chapter 6, Part 7, Utah Product Liability Act. - 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: