SENATE BILL REPORT

SSB 5305

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

Senate Hearing Date(s):January 31, 1989; February 23, 1989

Majority Report:  That Substitute Senate Bill No. 5305 be substituted therefor, and the substitute bill do pass.

      Signed by Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                  April 12, 1989

House Committe on Judiciary

AS PASSED SENATE, MARCH 3, 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 equine activities.  Such injuries are often difficult to prevent because of the inherent 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:

A person, unless he or she acts with a willful disregard for the probable consequences, is not civilly liable to a participant when injury or death results from an inherent risk of an equine activity.

"Equine activities" are comprehensively defined to cover most activities involved with training, riding, or exhibiting horses, ponies and mules.

"Inherent risk" includes the natural tendencies of equine animals to kick, bite, and react in unpredictable ways to sounds and sudden movements.  The term also includes the potential for a participant in an equine activity to act in a negligent manner.  "Participant" means a person actually engaged in the activity, or a person assisting or riding with the participant.

To obtain immunity under the act, an equine professional must make a reasonable effort to determine the ability:  of a participant to engage in an equine activity; and of the animal to behave safely with the participant.

Owners and operators of equine activities and facilities must post signs warning of inherent risk and their limitations of liability.

The provisions of the bill apply to causes of action filed on or after the effective date of the act.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Don McKay, Washington State Horse Council (pro); Jerry Prigge, Washington State Horsemen (pro); Loren McGovern, Back Country Horsemen of Washington (pro); Bob Armstrong, Washington State Horse Council (pro); Carol Masters, Washington State Hunter and Jumper Association (pro); Bron Howard, Missouri Fox Trotter Association (pro); Dana Moon, Western Washington Regional Appaloosa Club (pro); Marlyta Deck, Washington State Fairs Association (pro); Greg Hanon, Washington State Veterinary Medical Association (pro); Dorothy Warford, Washington State Horse Council (pro); Jack Price, Washington Outfitters (pro); Mary Ann Ottinger, Washington State Trial Lawyers Association (con)

HOUSE AMENDMENTS:

The House amendment deletes all provisions of the Senate bill and makes substantial revisions to the bill.

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 willful 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.