Kansas Statutes 60-4002. Affirmative defense of assumption of risk
Terms Used In Kansas Statutes 60-4002
- Domestic animal: means a cow, swine, sheep, goat, domesticated deer, llama, poultry, rabbit, horse, pony, mule, jenny, donkey, hinny, bison, camels, giraffes or any creature of the ratite family, including but not limited to, an ostrich, emu or rhea. See Kansas Statutes 60-4001
- Domestic animal activity: means , but is not limited to:
(1) Shows, fairs, competitions, performances or parades that involve any or all breeds of domestic animals and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, English and western performance riding, trail riding, endurance trail riding and western games, and hunting;
(2) domestic animal training or teaching activities or both;
(3) boarding domestic animals;
(4) riding, inspecting or evaluating domestic animals belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the domestic animals or is permitting a prospective purchaser of the domestic animals to ride, inspect or evaluate the domestic animals;
(5) rides, trips, hunts or other domestic animal activities of any type however informal or impromptu that are sponsored by a domestic animal activity sponsor; and
(6) hoofcare and placing or replacing shoes on a domestic animal. See Kansas Statutes 60-4001
- Domestic animal professional: means an individual, partnership or corporation and such individual or entities' employees engaged in a domestic animal activity for compensation:
(1) In instructing a participant or renting to a participant a domestic animal for the purpose of riding, driving or being a passenger upon the domestic animal, or a passenger in or on a vehicle pulled or pushed by a domestic animal; or
(2) in renting equipment or tack to a participant. See Kansas Statutes 60-4001
- Engages in a domestic animal activity: means riding, training, boarding, loading, hauling, breeding, racing, providing or assisting in medical treatment of, driving, or being a passenger upon a domestic animal or in or on a vehicle pulled or pushed by a domestic animal, whether mounted or unmounted or any person assisting a participant or show management. See Kansas Statutes 60-4001
- Participant: means any person who engages in a domestic animal activity. See Kansas Statutes 60-4001
Except as provided in Kan. Stat. Ann. § 60-4003, any participant is assuming the inherent risks of domestic animal activities when such participant engages in a domestic animal activity. The domestic animal activity sponsor or domestic animal professional, pursuant to Kan. Stat. Ann. § 60-208, and amendments thereto, shall plead an affirmative defense of assumption of risk by the participant.