FINAL BILL REPORT
SSB 5305
C 292 L 89
BYSenate Committee on Law & Justice (originally sponsored by Senators Madsen, Metcalf, Hansen, McDonald, Benitz, Warnke, Matson, Pullen, Amondson, West and Newhouse)
Providing immunity for equine activities.
Senate Committee on Law & Justice
House Committe on Judiciary
SYNOPSIS AS ENACTED
BACKGROUND:
Throughout the state there are numerous fairs, rodeos, competitions and parades that include activities involving horses, mules and donkeys. Injuries occasionally result to participants engaged in such equine activities. Such injuries are often difficult to prevent because of the risks involved in riding, training and exhibiting equine animals.
Persons involved in conducting, promoting or participating in equine activities are concerned about the increasing cost of liability insurance.
SUMMARY:
An immunity statute is established which generally provides protection from civil liability for persons who sponsor equine activities.
An equine activity sponsor or an equine professional is not liable for injuries to a participant engaged in an equine activity. However, immunity from liability is not allowed if the sponsor or professional provides the equine that causes the injury and fails to make reasonable efforts to ensure that the animal will behave safely and the participant can safely manage the equine.
Other restrictions on immunity continue to exist, such as liability for willful and wanton misconduct, intentional acts, failure to discover dangerous latent conditions on the land and products liability laws.
"Equines," "equine activity sponsors," "equine professional," and "participants" are defined. A "participant" must be a rider, driver, trainer, or passenger upon an equine and does not include spectators.
The act applies to cases filed after the effective date of the act.
The act does not apply to the horse racing industry.
VOTES ON FINAL PASSAGE:
Senate 47 0
House 94 1 (House amended)
Senate 44 0 (Senate concurred)
EFFECTIVE:July 23, 1989