HOUSE BILL REPORT

SSB 5305

As Amended by the House

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.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Patrick, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE APRIL 11, 1989

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 activities.

Under current law, common law theories in tort and general statutory tort law govern the liability of equine activity sponsors and professionals to participants who sustain injuries while engaging in the activity.  Some limited statutory immunity applies to landowners who allow members of the public to ride horses for free on the landowner's land but most equine event sponsors do not fall within that statute's provisions.

SUMMARY:

Neither an equine activity sponsor nor an equine professional is liable for injuries or death to a participant engaged in an equine activity and neither a participant nor the participant's representative may maintain an action for damages against an equine activity sponsor or an equine professional except under the following circumstances:

The equine activity sponsor or equine professional provides the equine or equipment that causes the injury and fails to make reasonable and prudent efforts to ensure that the animal will behave safely, the participant can safely participate, and that the participant can safely manage the equine.

Other restrictions on immunity continue to exist, such as liability for wilful and wanton misconduct, intentional acts, failure to discover dangerous latent conditions on the land and warn participants, products liability laws, and liability for injuries due to equines that have wandered away from the sponsor's property or facilities.

"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.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Don McKary, Washington State Horse Council; Dennis Martin, WSTLA (with concerns).

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    (Substitute measure):  Equine events are popular and can flourish if insurance costs are not cost prohibitive.  The provisions protect participants from injuries resulting from the sponsors' or professionals' acts but not due to the participants negligence or inherent risk in the sport.

House Committee - Testimony Against:      None Presented.