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OFFICIAL CODE OF GEORGIA
TITLE 4. ANIMALS
CHAPTER 12. INJURIES FROM EQUINE OR LLAMA ACTIVITIES
§ 4-12-1. Legislative findings.
The General Assembly recognizes that persons who participate in equine activities or llama activities may incur injuries as a result of the risks involved in such activities. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage equine activities and llama activities by limiting the civil liability of those involved in such activities.
§ 4-12-2 Definitions.
As used in this chapter, the term:
(1) "Engages in a llama activity" means riding, training,
assisting in providing medical treatment of, driving, or being a passenger upon a llama,
whether mounted or unmounted, or any person assisting a participant or show management.
The term "engages in a llama activity" does not include being a spectator at a
llama activity, except in cases where the spectator places himself or herself in an
unauthorized area and in immediate proximity to the llama activity.
(2) "Engages in an equine activity" means riding, training,
assisting in providing medical treatment of, driving, or being a passenger upon an equine,
whether mounted or unmounted, or any person assisting a participant or show management.
The term "engages in an equine activity" does not include being a spectator at
an equine activity, except in cases where the spectator places himself or herself in an
unauthorized area and in immediate proximity to the equine activity.
(3) "Equine" means a horse, pony, mule, donkey, or hinny.
(4) "Equine activity" means:
(A) Equine shows, fairs, competitions,
performances, or parades that involve any or all breeds of equines 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, steeplechasing, English and western performance riding, endurance trail riding and
western games, and hunting;
(B) Equine training or teaching activities, or
both;
(C) Boarding equines;
(D) Riding, inspecting, or evaluating an equine
belonging to another, whether or not the owner has received some monetary consideration or
other thing of value for the use of the equine or is permitting a prospective purchaser of
the equine to ride, inspect, or evaluate the equine;
(E) Rides, trips, hunts, or other equine
activities of any type however informal or impromptu that are sponsored by an equine
activity sponsor;
(F) Placing or replacing horseshoes on an
equine; and
(G) Examining or administering medical
treatment to an equine by a veterinarian.
(5) "Equine activity sponsor" means an individual, group,
club, partnership, or corporation, whether or not the sponsor is operating for profit or
nonprofit, which sponsors, organizes, or provides the facilities for an equine activity,
including, but not limited to, pony clubs; 4-H clubs; hunt clubs; riding clubs; school and
college sponsored classes, programs, and activities; therapeutic riding programs; and
operators, instructors, and promoters of equine facilities, including, but not limited to,
stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held.
(6) "Equine professional" means a person engaged for
compensation in:
(A) Instructing a participant or renting to a
participant an equine for the purpose of riding, driving, or being a passenger upon the
equine;
(B) Renting equipment or tack to a participant;
or
(C) Examining or administering medical
treatment to an equine as a veterinarian.
(7) "Inherent risks of equine activities" or "inherent
risks of llama activities" means those dangers or conditions which are an integral
part of equine activities or llama activities, as the case may be, including, but not
limited to:
(A) The propensity of the animal to behave in
ways that may result in injury, harm, or death to persons on or around them;
(B) The unpredictability of the animal's
reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or
other animals;
(C) Certain hazards such as surface and
subsurface conditions;
(D) Collisions with other animals or objects;
and
(E) The potential of a participant to act in a
negligent manner that may contribute to injury to the participant or others, such as
failing to maintain control over the animal or not acting within his or her ability.
(8) "Llama" means a South American camelid which is an animal
of the genus lama, commonly referred to as a "one llama," including llamas,
alpacas, guanacos, and vicunas.
(9) "Llama activity" means:
(A) Llama shows, fairs, competitions,
performances, packing events, or parades that involve any or all breeds of llamas;
(B) Using llamas to pull carts or to carry
packs or other items;
(C) Using llamas to pull travois-type carriers
during rescue or emergency situations;
(D) Llama training or teaching activities or
both;
(E) Taking llamas on public relations trips or
visits to schools or nursing homes;
(F) Participating in commercial packing trips
in which participants pay a llama professional to be a guide on a hike leading llamas;
(G) Boarding llamas;
(H) Riding, inspecting, or evaluating a llama
belonging to another, whether or not the owner has received some monetary consideration or
other thing of value for the use of the llama or is permitting a prospective purchaser of
the llama to ride, inspect, or evaluate the llama;
(I) Using llamas in wool production;
(J) Rides, trips, or other llama activities of
any type however informal or impromptu that are sponsored by a llama activity sponsor; and
(K) Trimming the nails of a llama.
(10) "Llama activity sponsor" means an individual, group,
club, partnership, or corporation, whether or not the sponsor is operating for profit or
nonprofit, which sponsors, organizes, or provides the facilities for a llama activity,
including, but not limited to, llama clubs, 4-H clubs, hunt clubs, riding clubs, school
and college-sponsored classes, programs, and activities,
therapeutic riding programs, and operators, instructors, and promoters of llama
facilities, including but not limited to stables, clubhouses, fairs, and arenas at which
the activity is held.
(11) "Llama professional" means a person engaged for
compensation:
(A) In instructing a participant or renting to
a participant a llama for the purpose of riding, driving, or being a passenger upon the
llama; or
(B) In renting equipment or tack to a
participant.
(12) "Participant" means any person, whether amateur or
professional, who engages in an equine activity or who engages in a llama activity,
whether or not a fee is paid to participate in such activity.
§ 4-12-3 Immunity from liability; exceptions.
(a) Except as provided in subsection (b) of this Code section, an
equine activity sponsor, an equine professional, a llama activity sponsor, a llama
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 or from the inherent
risks of llama activities and, except as provided in subsection (b) of this Code section,
no participant or participant's representative shall make any claim against, maintain an
action against, or recover from an equine activity
sponsor, an equine professional, a llama activity sponsor, a llama professional, or any
other person for injury, loss, damage, or death of the participant resulting from any of
the inherent risks of equine activities or resulting from any of the inherent risks of
llama activities.
(b) Nothing in subsection (a) of this Code section shall prevent or
limit the liability of an equine activity sponsor, an equine professional, a llama
activity sponsor, a llama professional, or any other person if the equine activity
sponsor, equine professional, llama activity sponsor, llama professional, or person:
(1) (A) 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.
(B) Provided the animal
and failed to make reasonable and prudent efforts to determine the ability of the
participant to engage safely in the equine activity or llama activity and to safely manage
the particular animal based on the participant's representations of his or her ability;
(2) 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, llama activity sponsor,
llama professional, or person and for which warning signs have not been conspicuously
posted;
(3) 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; or
(4) Intentionally injures the participant.
(c) Nothing in subsection (a) of this Code section shall prevent or
limit the liability of an equine activity sponsor, equine professional, llama activity
sponsor, or llama professional under liability provisions as set forth in the products
liability laws.
§ 4-12-4. Warning notices
(a) Every equine professional and every equine activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional or the equine activity sponsor conducts equine activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional or by an equine activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's or the equine activity sponsor's business, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section.
(b) The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice:
WARNING
Under Georgia law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated.
(c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent an equine activity sponsor or equine professional from invoking the privileges of immunity provided by this chapter.
Enacted in 1991, amended in 1995 to add llama activities.
Reviewd by AAHS in March 2001 and June 2003.
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