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CSHB 479(L&C): "An Act relating to civil liability for injuries or death resulting from equine activities."

00 CS FOR HOUSE BILL NO. 479(L&C)                                                                                          
01 "An Act relating to civil liability for injuries or death resulting from equine                                         
02 activities."                                                                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.65 is amended by adding a new section to read:                                                   
05     Sec. 09.65.145.  IMMUNITY FOR INJURIES RESULTING FROM EQUINE                                                       
06 ACTIVITIES.  (a)  Except as provided in (b) of this section, a person, and the personal                                 
07 representative of a person, who suffers an injury or death resulting from an inherent                                   
08 risk of an equine activity may not recover civil damages from an equine activity                                        
09 sponsor, an equine professional, or an equine owner.                                                                    
10  (b)  This section does not affect a civil action for damages resulting from                                           
11   (1)  reckless or intentional misconduct of the equine activity sponsor,                                              
12 equine professional, or equine owner, or agents or employees of the equine activity                                     
13 sponsor, equine professional, or equine owner; for purposes of this paragraph,                                          
14 "reckless" does not include gross negligence;                                                                           
01   (2)  a dangerous latent condition that is known or should have been                                                  
02 known to the equine activity sponsor, equine professional, or equine owner and for                                      
03 which warning signs have not been conspicuously posted if the equine activity sponsor,                                  
04 equine professional, or equine owner owns, leases, rents, or is otherwise in lawful                                     
05 possession and control of the land or facilities where the injury or injuries resulting in                              
06 death occurred;                                                                                                         
07   (3)  faulty or defective equipment, tack, or a product provided by the                                               
08 equine activity sponsor, equine professional, or equine owner;                                                          
09   (4)  the failure of the equine activity sponsor, equine professional, or                                             
10 equine owner who provided the equine to make reasonable efforts to determine the                                        
11 ability of the injured person to participate safely in the equine activity and to safely                                
12 manage the equine involved in the equine activity;                                                                      
13   (5)  injury or death of a spectator.                                                                                 
14  (c)  In this section,                                                                                                 
15   (1)  "equine" means a horse, pony, mule, donkey, or hinny;                                                           
16   (2)  "equine activity" means a show, fair, competition, performance, or                                              
17 parade involving an equine, equine riding, inspecting, evaluating, boarding, training,                                  
18 or teaching;                                                                                                            
19   (3)  "equine activity sponsor" means a person who provides an equine,                                                
20 land, or facilities for an equine activity;                                                                             
21   (4)  "equine professional" means a person who receives compensation                                                  
22 for instructing during an equine activity, for sponsoring an equine activity, or for the                                
23 use of an equine;                                                                                                       
24   (5)  "inherent risk of an equine activity" means a danger or condition                                               
25 that is an integral part of an equine activity, including                                                               
26   (A)  the propensity of an equine to behave in a way that may                                                        
27 result in injury, harm, or death to a person on or around the equine;                                                   
28   (B)  the unpredictability of an equine's reaction to a sound,                                                       
29 sudden movement, or unfamiliar object, person, or other animal;                                                         
30   (C)  collisions with other equines, objects, or a person; or                                                        
31   (D)  the potential of a person to act in a negligent manner that                                                    
01 may contribute to injury to the person or others.                                                                       
02    * Sec. 2.  This Act applies to a civil action that accrues on or after the effective date of this                    
03 Act.