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Oregon Equine Activity Statute
OREGON REVISED STATUTES
TITLE 3.
REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS CHAPTER 30. ACTIONS AND
SUITS IN PARTICULAR CASES ACTIONS ARISING OUT OF EQUINE ACTIVITIES
- 30.687. Definitions for ORS 30.687 to 30.697. For the purposes of
ORS 30.687 to 30.697:
- (1) "Equine" means a horse, pony, mule, donkey or hinny.
- (2) "Equine activity" means:
- (a) Equine shows, fairs,
competitions, performances or parades that involve any or all breeds of
equines and any of the equine disciplines including, but not limited to,
dressage, hunter and jumper horse shows, grand prix jumping, three-day
events, combined training, rodeos, driving, pulling, cutting, polo,
steeplechasing, endurance trail riding and western games and
hunting;
- (b) Equine training, grooming and teaching activities;
- (c) Boarding equines;
- (d) Riding, inspecting or evaluating an equine belonging to another
whether or not the owner has received some monetary consideration or
other thing of value for the use of the equine or is permitting a
prospective purchaser of the equine to ride, inspect or evaluate the
equine; and
- (e) Rides, trips, hunts or other equine activities of any type
however informal or impromptu that are sponsored by an equine activity
sponsor.
- (3) "Equine activity sponsor" means an individual, group or club,
partnership or corporation, whether or not the sponsor is operating for
profit or nonprofit, that sponsors, organizes or provides the facilities
for an equine activity, including but not limited to pony clubs, 4-H
clubs, hunt clubs, riding clubs, school and college sponsored classes
and programs, therapeutic riding programs and operators, instructors,
and promoters of equine facilities, including but not limited to
stables, clubhouses, pony ride strings, fairs and arenas at which the
activity is held.
- (4) "Equine professional" means a person
engaged for compensation:
- (a) In instructing a participant
or renting to a participant an equine for the purpose of riding,
training, driving, grooming or being a passenger upon the equine;
or
- (b) In renting equipment or tack to a participant.
- (5) "Participant" means any person, whether amateur or professional,
who directly engages in an equine activity, whether or not a fee is paid
to participate in the equine activity. "Participant" does not include a
spectator at an equine activity or a person who participates in the
equine activity but does not ride, train, drive, groom or ride as a
passenger upon an equine.
30.689. Policy.
- (1) It is the purpose of ORS 30.687 to 30.697 to assist courts and
juries to define the circumstances under which those persons responsible
for equines may and may not be liable for damages to other persons
harmed in the course of equine activities.
- (2) It is the
policy of the State of Oregon that no person shall be liable for damages
sustained by another solely as a result of risks inherent in equine
activity, insofar as those risks are, or should be, reasonably obvious,
expected or necessary to the person injured.
- (3) It is the
policy of the State of Oregon that persons responsible for equines, or
responsible for the safety of those persons engaged in equine
activities, who are negligent and cause foreseeable injury to a person
engaged in those activities, bear responsibility for that injury in
accordance with other applicable law.
30.691.
Limitations on liability; exceptions.
- (1) Except as
provided in subsection (2) of this section and in ORS 30.693, an equine
activity sponsor or an equine professional shall not be liable for an
injury to or the death of a participant arising out of riding, training,
driving, grooming or riding as a passenger upon an equine and, except as
provided in subsection (2) of this section and ORS 30.693, no
participant or participant's representative may maintain an action
against or recover from an equine activity sponsor or an equine
professional for an injury to or the death of a participant arising out
of riding, training, driving, grooming or riding as a passenger upon an
equine.
- (2)(a) The provisions of ORS 30.687 to 30.697 do not
apply to any injury or death arising out of a race as defined in ORS
462.010.
- (b) Nothing in subsection (1) of this section shall limit the
liability of an equine activity sponsor or an equine professional:
- (A) If the equine activity sponsor or the equine professional
commits an act or omission that constitutes willful or wanton disregard
for the safety of the participant and that act or omission caused the
injury;
- (B) If the equine activity sponsor or the equine professional
intentionally injures the participant;
- (C) Under the products
liability provisions of ORS 30.900 to 30.920; or
- (D) Under ORS
30.820 or 608.015.
30.693. Additional exceptions
to limitations on liability; effect of written release.
- (1) Except as provided in subsection (2) of this section, nothing in
ORS 30.691 shall limit the liability of an equine activity sponsor or an
equine professional if the equine activity sponsor or the equine
professional:
- (a) Provided the equipment or tack, failed to
make reasonable and prudent inspection of the equipment or tack, and
that failure was a cause of the injury to the participant;
- (b) Provided the equine and failed to make reasonable and prudent
efforts to determine the ability of the participant to safely ride,
train, drive, groom or ride as a passenger upon an equine, to determine
the ability of the equine to behave safely with the participant and to
determine the ability of the participant to safely manage the particular
equine; or
- (c) Owns, leases, rents or otherwise is in
lawful possession and control of the land or facilities upon which the
participant sustained injuries because of a dangerous latent condition
whichwas known to or should have been known to the equine activity
sponsor or the equine professional and for which warning signs have not
been conspicuously posted.
- (2) The limitations on liability
provided in ORS 30.691 shall apply to an adult participant in the
circumstances listed in subsection (1)(b) of this section if the
participant, prior to riding, training, driving, grooming or riding as a
passenger upon an equine, knowingly executes a release stating that as a
condition of participation, the participant waives the right to bring an
action against the equine professional or equine activity sponsor for
any injury or death arising out of riding, training, driving, grooming
or riding as a passenger upon the equine. A release so executed shall be
binding upon the adult participant, and no equine professional or equine
activity sponsor shall be liable in the circumstances described in
subsection (1)(b) of this section except as provided in ORS 30.691
(2).
30.695. Effect of written release on liability of veterinarian
or farrier.
- (1) No veterinarian or farrier shall be liable to any person who
assists the veterinarian or farrier in rendering veterinarian or farrier
services to an equine if the person, prior to assisting the veterinarian
or farrier, executes a release stating that the person rendering
assistance waives the right to bring an action against the veterinarian
or farrier for any injury or death arising out of assisting in the
provision of veterinarian or farrier services. A release so executed
shall be enforceable regardless of lack of consideration.
- (2) A release executed pursuant to this section shall not limit the
liability of a veterinarian or farrier for gross negligence or
intentional misconduct.
30.697. Effect on workers'
compensation benefits.
- Nothing in ORS 30.687 to
30.695 shall affect the right of any person to any workers' compensation
benefits that may be payable by reason of death, injury or other
loss.
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