SENATE BILL REPORT

SB 5305

BYSenators 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)

                  February 24, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 23, 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 reckless 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.

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.

EFFECT OF PROPOSED SUBSTITUTE:

The bill as introduced is modified as follows:

Immunity under the act does not apply to an "equine professional" who fails to make a reasonable effort to determine the ability of a participant to engage in an equine activity and to determine the ability of the animal to behave safely with the participant.

A person can be civilly liable for injuries to a participant of an equine activity if the person acts with a "willful or wanton" disregard for the probable consequences.  The original standard in the bill was a "conscious and reckless" disregard for the probable consequences.

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); Marlyda Beck, 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)