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West
Virginia Equine Activity Statute
WEST VIRGINIA
CODE ANNOTATED
CHAPTER 20. NATURAL
RESOURCES
ARTICLE 4. EQUESTRIAN
ACTIVITIES RESPONSIBILITY ACT
§
20-4-1
Legislative purpose.
The Legislature finds that equestrian activities are engaged in by a
large number of citizens of
West Virginia
and that such activities also
attract to
West Virginia
a large number of nonresidents,
significantly contributing to the economy of
West Virginia
. Since it is recognized that there
are inherent risks in equestrian activities which should be
understood by participants therein and which are essentially
impossible for the operators of equestrian businesses to eliminate,
it is the purpose of this article to define those areas of
responsibility and those affirmative acts for which the operators of
equestrian
businesses shall be liable for loss, damage or injury suffered by
participants, and to further define those risks which the
participants expressly assume and for which there can be no
recovery.
§
20-4-2
. Definitions
In
this article, unless a different meaning plainly is required:
(1)
"Equestrian activity" means any sporting event or other
activity involving a horse or horses, including, but not limited to:
(A)
Shows, fairs, competitions, performances or parades;
(B)
Any of the equine disciplines such as dressage, hunter and jumper
shows, grand prix jumping, three day events, combined training,
rodeos, driving, western games and hunting;
(C)
Rides, trips or hunts;
(D)
Riding classes, therapeutic riding programs, school and college
sponsored classes and programs, or other classes in horsemanship;
(E)
The boarding or keeping of horses; and
(F)
Providing equipment or tack.
(2)
"Horseman" or "operator of a horseman's
business" means any individual, sole proprietorship,
partnership, association, public or private corporation, in the
United States or any federal agency, this state or any political
subdivision of this state, and any other legal entity which engages,
with or without compensation, in organizing, promoting, presenting
or providing equestrian activities or in providing facilities for
equestrian activities.
(3)
"Horse" means each animal of the horse kind, in every
class or breed of horses, and, without limitation or exception, all
members of the genus Equus and family Equidae.
(4)
"Participant" means any person using the services or
facilities of a horseman so as to be directly involved in an
equestrian activity.
§
20-4-3
. Duties of horsemen
Every
horseman shall:
(1)
Make reasonable and prudent efforts to determine the ability of a
participant to safely engage in the equestrian activity, to
determine the ability of the horse to behave safely with the
participant, and to determine the ability of the participant to
safely manage, care for and control the particular horse involved;
(2)
Make known to any participant any dangerous traits or
characteristics or any physical impairments or conditions related to
a particular horse which is involved in the equestrian activity of
which the horseman knows or through the exercise of due diligence
could know;
(3)
Make known to any participant any dangerous condition as to land or
facilities under the lawful possession and control of the horseman
of which the horseman knows or through the exercise of due diligence
could know, by advising the participant in writing or by
conspicuously posting warning signs upon the premises;
(4)
In providing equipment or tack to a participant, make reasonable and
prudent efforts to inspect such equipment or tack to assure that it
is in proper working condition and safe for use in the equestrian
activity;
(5)
Prepare and present to each participant or prospective participant,
for his or her inspection and signature, a statement which clearly
and concisely explains the liability limitations, restrictions and
responsibilities set forth in this article.
§
20-4-4
. Duties of participants
It
is recognized that equestrian activities are hazardous to
participants, regardless of all feasible safety measures which can
be taken.
Each
participant in an equestrian activity expressly assumes the risk of
and legal responsibility for any injury, loss or damage to person or
property which results from participation in an equestrian activity.
Each participant shall have the sole individual responsibility for
knowing the range of his or her own ability to manage, care for, and
control a particular horse or perform a particular equestrian
activity, and it shall be the duty of each participant to act within
the limits of the participant's own ability, to maintain reasonable
control of the particular horse or horses at all times while
participating in an equestrian activity, to heed all posted
warnings, to perform equestrian activities only in an area or in
facilities designated by the horseman and to refrain from acting in
a manner which may cause or contribute to the injury of anyone. If
while actually riding in an equestrian event, any participant
collides with any object or person, except an obviously intoxicated
person of whom the horseman is aware, or if the participant falls
from the horse or from a horse-drawn conveyance, the responsibility
for such collision or fall shall be solely that of the participant
or participants involved and not that of the horseman.
A
participant involved in an accident shall not depart from the area
or facility where the equestrian activity took place without leaving
personal identification, including name and address, or without
notifying the proper authorities, or without obtaining assistance
when that person knows or reasonably should know that any other
person involved in the accident is in need of medical or other
assistance.
§
20-4-5
. Liability of horsemen
(a)
A horseman shall be liable for injury, loss or damage caused by
failure to follow the duties set forth in section three [s
20-4-3
] of this article where the
violation of duty is causally related to the injury, loss or damage
suffered. A horseman shall not be liable for any injury, loss or
damage caused by the negligence of any person who is not an agent or
employee of such horseman.
(b)
A horseman shall be liable for acts or omissions which constitute
gross negligence or willful and wanton conduct which is the
proximate cause of injury to a participant.
(c)
A horseman shall be liable for an intentional injury which he or she
inflicts upon a participant.
(d)
Every horseman shall carry public liability insurance in limits of
no less than one hundred thousand dollars per person, three hundred
thousand dollars per occurrence and ten thousand dollars for
property damage.
§
20-4-6
. Liability of participants
Any
participant shall be liable for injury, loss or damage resulting
from violations of the duties set forth in section four [s
20-4-4
] of this article.
§
20-4-7
. Applicability of article
The
provisions of this article do not apply to the horse racing industry
that is regulated by the provisions of article twenty-three [§
19-23-1 et seq.], chapter nineteen of this code.
Enacted
in 1990.
Reviewed by AAHS in May 2001.
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