The Boring Legal Stuff

2014 LA Laws Revised Statutes TITLE 9 - Civil Code-Ancillaries RS 9:2795.1

 Universal Citation: LA Rev Stat § 9:2795.1  

§2795.1. Limitation of liability of farm animal activity sponsor or professional; exceptions; required warning

A. As used in this Section, the following terms shall have the following meanings:

(1)  "Engages in a farm animal activity" means riding, training, providing, driving, or being a  passenger upon a farm animal, whether mounted or unmounted, or any  person assisting a participant or show management. 

(2) "Farm animal" means one or more of the following  animals: horse, pony, mule, donkey, hinny, cow, bull, ox or other  bovine, sheep, pig, hog, goat, ratite (ostrich, rhea, emu), and chicken  or other fowl.

(3) "Farm animal activity" includes any or all of the following:

(a)  A farm animal show, fair, competition, performance, or parade that  involves any or all farm animals, including but not limited to any  dressage, hunter and jumper horse show, grand prix jumping, three-day  event, combined training, rodeo, Courir de Mardi Gras, driving, pulling,  cutting, polo, steeplechasing, English and western performance riding,  endurance trail riding, and western game and hunting.

(b) Training or teaching activities, or both, involving farm animals.

(c) Boarding a farm animal, including daily care.

(d)  Riding, inspecting, or evaluating a farm animal belonging to another,  whether or not the owner has received some monetary consideration or  other thing of value for the use of the farm animal or is permitting a  prospective purchaser of the farm animal to ride, inspect, or evaluate  the farm animal.

(e) A ride, trip, hunt, or other farm animal  activity of any type, however informal or impromptu, that is sponsored  by a farm animal activity sponsor.

(f) Placing or replacing horseshoes or trimming the hooves on a farm animal.

(g) Examining or administering medical treatment to a farm animal by a veterinarian.

(4)  "Farm animal activity sponsor" means an individual, group, club,  partnership, or corporation, whether or not the sponsor is operating for  profit or nonprofit, which sponsors, organizes, or provides the  facilities for a farm animal activity, including but not limited to: a  pony club; 4-H club; Courir de Mardi Gras association; hunt club; riding  club; school and college-sponsored class, program, and activity;  therapeutic riding program; bull riding activity; and any operator,  instructor, and promoter of a farm animal facility.

(5) "Farm  animal facility" means any area used for any farm animal activity,  including but not limited to a farm, ranch, riding arena, training  stable, barn, pasture, riding trail, show ring, polo field, or other  area or facility used or provided by a farm animal activity sponsor or  where a participant engages in a farm animal activity.

(6) "Farm animal professional" means a person engaged for compensation in any of the following:

(a)  Instructing a participant or renting to a participant a farm animal for  the purpose of riding, driving, or being a passenger upon the farm  animal.

(b) Renting equipment or tack to a participant in a farm animal activity.

(c) Examining or administering medical treatment to a farm animal as a veterinarian.

(d) Veterinarian or farrier services.

(7)  "Inherent risks of farm animal activities" means those dangers or  conditions which are an integral part of a farm animal activity,  including but not limited to:

(a) The propensity of a farm animal to behave in ways that may result in injury, harm, or death to persons on or around them.

(b)  The unpredictability of a farm animal's reaction to such things as  sounds, sudden movement, and unfamiliar objects, persons, or other  animals.

(c) Certain hazards such as surface and subsurface conditions.

(d) Collisions with other farm animals or objects.

(e)  The potential of a participant to act in a negligent manner that may  contribute to injury to the participant or others, such as failing to  maintain control over the farm animal or not acting within his ability.

(8)  "Participant" means any person, whether amateur or professional, who  engages in a farm animal activity, whether or not a fee is paid to  participate in the farm animal activity.

B. Except as provided in  Subsection C of this Section, a farm animal activity sponsor, a farm  animal professional, or any other person, which shall include a  corporation or partnership, shall not be liable for an injury to or the  death of a participant resulting from the inherent risks of a farm  animal activity and, except as provided in Subsection C of this Section,  no participant or participant's representative shall make any claim  against, maintain an action against, or recover from a farm animal  activity sponsor, a farm animal professional, or any other person for  injury, loss, damage, or death of the participant resulting from any of  the inherent risks of farm animal activities.

C. Nothing in  Subsection B of this Section shall prevent or limit the liability of a  farm animal activity sponsor, a farm animal professional, or any other  person if the farm animal activity sponsor, farm animal professional, or  person either:

(1) Provided the equipment or tack, and knew or  should have known that the equipment or tack was faulty, and such  equipment or tack was faulty to the extent that it did cause the injury.

(2)  Failed to make reasonable and prudent efforts to determine the ability  of the participant to engage safely in the farm animal activity and to  safely manage the particular farm animal based on the participant's  representations of his ability.

(3) Owns, leases, rents, or  otherwise is in lawful possession and control of the land or facility  upon which the participant sustained injuries because of a dangerous  latent condition which was known or should have been known to the farm  animal activity sponsor, farm animal professional, or person and for  which warning signs have not been conspicuously posted.

(4)  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.

(5) Intentionally injures the participant.

D.  Nothing in Subsection B of this Section shall prevent or limit the  liability of a farm animal activity sponsor or a farm animal  professional under liability provisions as set forth in the "Louisiana  Products Liability Act", R.S. 9:2800.51 through 2800.59.

E. Every  farm animal professional and every farm animal activity sponsor shall  post and maintain a sign conspicuously located or provide a written  warning which contains the warning notice specified in Subsection F of  this Section.  

F. The signs, written warnings, and contracts described in Subsection E  of this Section shall contain the following warning notice: "WARNING  Under Louisiana law, a farm animal activity sponsor or farm animal  professional is not liable for an injury to or the death of a  participant in a farm animal activity resulting from the inherent risks  of the farm animal activity, pursuant to R.S. 9:27