MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Agriculture
By: Representative Brown
AN ACT TO AMEND SECTIONS 95-11-1, 95-11-3, 95-11-5 AND 95-11-7, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FOR CANINE ACTIVITIES; TO AMEND SECTION 95-9-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 95-11-1, Mississippi Code of 1972, is amended as follows:
95-11-1. The Legislature recognizes that persons who participate in livestock shows or equine or canine activities may incur injuries as a result of the risks involved in such activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The Legislature finds, determines and declares that this chapter is necessary for the immediate preservation of the public peace, health and safety. It is, therefore, the intent of the Legislature to encourage livestock shows and equine and canine activities by limiting the civil liability of those involved in such activities.
SECTION 2. Section 95-11-3, Mississippi Code of 1972, is amended as follows:
95-11-3. As used in this chapter, the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) "Canine" means a domesticated dog.
(b) "Engages in livestock shows or equine or canine activity" means riding, training, providing or assisting in providing medical treatment of, driving or showing an equine, canine or livestock, or being a passenger upon an equine or other livestock, whether mounted or unmounted, or any person assisting a participant or show management. The term "engages in livestock shows or equine or canine activity" does not include being a spectator at a livestock show or equine or canine activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the livestock show or equine or canine activity.
(c) "Equine" means a horse, pony, mule, donkey or hinny.
(d) "Livestock" means equine, cattle, swine, sheep and goats.
(e) "Livestock shows or equine or canine activity" means:
(i) Livestock or equine or canine shows, fairs, competitions, performances, trials or parades that involve any or all breeds of livestock or equines or canines and 1. 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, English and Western performance riding, endurance trail riding, western games and hunting and 2. any of the canine events including, but not limited to, dog conformation shows, field trials, multi-event trials, agility competitions, obedience trials, go-to-ground and hunting.
(ii) Equine, canine or livestock training or teaching activities, or both.
(iii) Boarding equines, canines or livestock.
(iv) Riding, inspecting, or evaluating an equine, canine or livestock belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine, canine or livestock or is permitting a perspective purchaser of the equine, canine or livestock to ride, inspect or evaluate the equine, canine or livestock.
(v) Rides, trips, hunts, shows or trials or other equine, canine or livestock activities of any type however informal or impromptu that are sponsored by an equine, canine or livestock activity sponsor.
(vi) Placing or replacing horseshoes on an equine.
(vii) Examining or administering medical treatment or medical tests to an equine, canine or livestock by a veterinarian.
(viii) Notwithstanding anything to the contrary contained herein, the term "livestock shows or equine or canine activity" shall not include any activity prohibited by Sections 97-41-18 or 97-41-19.
(f) "Equine, canine or livestock 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 an equine or canine activity or livestock show, including, but not limited to, pony clubs, 4-H clubs, hunt clubs, dog clubs, riding clubs, school and college sponsored classes, programs, and operators, instructors, and promoters of equine, canine or livestock facilities, including, but not limited to, stables, kennels, clubhouses, pony ride strings, fairs, farms, parks and arenas at which the activity is held.
(g) "Equine, canine or livestock professional" means a person engaged for compensation in:
(i) Instructing a participant or renting to a participant, an equine or livestock for the purpose of riding, driving or being a passenger upon the equine or livestock.
(ii) Renting equipment or tack to a participant.
(iii) Examining or administering medical treatment or medical testing to an equine, canine or livestock as a veterinarian.
(h) "Inherent risks of equine, canine or livestock activities" means those dangers or conditions which are an integral part of equine, canine or livestock activities, including, but not limited to:
(i) The propensity of an equine, canine or livestock to behave in ways that may result in injury, harm or death to persons on or around them.
(ii) The unpredictability of an equine's, canine's or livestock's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals.
(iii) Certain hazards such as surface and subsurface conditions.
(iv) Collisions with other equines, canines or livestock or objects.
(v) 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 animal or not acting within his or her ability.
(i) "Participant" means any person, whether amateur or professional, who engages in an equine or canine activity or livestock show, whether or not a fee is paid to participate in the equine or canine activity or livestock show.
SECTION 3. Section 95-11-5, Mississippi Code of 1972, is amended as follows:
95-11-5. (1) Except as provided in subsection (2) of this section, an equine, canine or livestock activity sponsor, an equine, canine or livestock 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 equine or canine activities or livestock shows and, except as provided in subsection (2) of this section, a participant's representative shall not make any claim against, or recover from an equine, canine or livestock professional, or any other person for injury, loss, damage or death of the participant resulting from any of the inherent risks of equine or canine activities or livestock shows.
(2) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine, canine or livestock activity sponsor, an equine, canine or livestock professional or any other person if the equine or livestock activity sponsor, equine, canine or livestock professional or person:
(a) (i) 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.
(ii) Provided the equine, canine or livestock and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine or canine activity or livestock show and to safely manage the particular equine, canine or livestock based on the participant's representations of his ability.
(b) 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 which was known or should have been known to the equine, canine or livestock activity sponsor, equine, canine or livestock professional or person, and for which warning signs have not been conspicuously posted.
(c) 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.
(d) Intentionally injures the participant.
(3) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine, canine or livestock activity sponsor or an equine, canine or livestock professional under liability provisions as set forth in products liability laws.
(4) Nothing in subsection (1) of this section shall prevent or limit the liability of any person engaged in dog fighting or any other activity prohibited by Sections 97-41-18 or 97-41-19.
SECTION 4. Section 95-11-7, Mississippi Code of 1972, is amended as follows:
95-11-7. (1) Every equine, canine or livestock activity sponsor and every equine, canine or livestock professional shall post and maintain signs which contain the warning notice specified in subsection (2) of this section. Such signs shall be placed in a clearly visible location on or near stables, corrals or arenas where the equine, canine or livestock activity sponsor or the equine, canine or livestock professional conducts equine or canine activities or livestock shows. The warning notice specified in subsection (2) of this section shall appear on the sign in black letters, with each letter to be a minimum of one (1) inch in height. Every written contract entered into by an equine, canine or livestock professional or by an equine, canine or livestock activity sponsor for the providing of professional services, instruction or the rental of equipment or tack, to an equine, canine or livestock participant, whether or not the contract involves equine or canine activities or livestock shows on or off the location or site of the equine, canine or livestock activity sponsor's or the equine, canine or livestock professional's business, shall contain in clearly readable print the warning notice specified in subsection (2) of this section.
(2) The signs and contracts described in subsection (1) of this section shall contain the following warning notice as applicable:
WARNING:
Under Mississippi law, an equine or livestock activity sponsor or an equine or livestock professional is not liable for an injury to or the death of a participant in equine activities or livestock shows resulting from the inherent risks of equine activities or livestock shows, pursuant to this chapter; or
WARNING:
Under Mississippi law, a canine activity sponsor or a canine professional is not liable for an injury or death of a participant in canine activities resulting from the inherent risks of canine activities, pursuant to this chapter.
(3) Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an equine, canine or livestock activity sponsor or equine, canine or livestock professional from invoking the privileges of immunity provided by this chapter.
SECTION 5. Section 95-9-1, Mississippi Code of 1972, is amended as follows:
95-9-1. (1) For the purposes of this section, unless the context otherwise requires:
(a) "Qualified volunteer" means any person who freely provides services, goods or the use of real or personal property or equipment, without any compensation or charge to any volunteer agency in connection with a volunteer activity. For purposes of this chapter, reimbursement of actual expenses, including travel expenses, necessarily incurred in the discharge of a member's duties, insurance coverage and workers' compensation coverage of volunteers, shall not be considered monetary compensation.
(b) "Volunteer agency" means any department, institution, community volunteer organization or any nonprofit corporation designated 501(c)(3) by the United States Internal Revenue Service, except an agency established primarily for the recreational benefit of its stockholders or members. Volunteer agency shall also include any volunteer fire fighter association which is eligible to be designated as a nonprofit corporation under 501(c)(3) by the United States Internal Revenue Service.
(c) "Volunteer activity" means any activity within the scope of any project, program or other activity regularly sponsored by a volunteer agency with the intent to effect a charitable purpose, or other public benefit including, but not limited to, fire protection, rescue services, the enhancement of the cultural, civic, religious, educational, scientific or economic resources of the community or equine or canine activity as provided in Section 95-11-1 et seq.
(2) A qualified volunteer shall not be held vicariously liable for the negligence of another in connection with or as a consequence of his volunteer activities.
(3) A qualified volunteer who renders assistance to a participant in, or a recipient, consumer or user of the services or benefits of a volunteer activity shall not be liable for any civil damages for any personal injury or property damage caused to a person as a result of any acts or omissions committed in good faith except:
(a) Where the qualified volunteer engages in acts or omissions which are intentional, willful, wanton, reckless or grossly negligent; or
(b) Where the qualified volunteer negligently operates a motor vehicle, aircraft, boat or other powered mode of conveyance.
SECTION 6. This act shall take effect and be in force from and after July 1, 2007.