MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Agriculture; Judiciary A
By: Representative Ward
AN ACT TO AMEND SECTIONS 95-11-1 THROUGH 95-11-7, MISSISSIPPI CODE OF 1972, TO PROVIDE AN EXEMPTION FROM LIABILITY TO PERSONS ENGAGED IN AGRITOURISM ACTIVITIES; 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, equine activities or agritourism activities may incur injuries as a result of the risks involved in those activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from those 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, equine activities and agritourism activities by limiting the civil liability of those involved in those 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 in this section, unless the context clearly indicates otherwise:
(a) "Engages in livestock shows or equine activity" means riding, training, providing or assisting in providing medical treatment of, driving, 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 activity" does not include being a spectator at a livestock show or equine activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the livestock show or equine activity.
(b) "Equine" means a horse, pony, mule, donkey or hinny.
(c) "Livestock" means equines, cattle, swine, sheep and goats.
(d) "Livestock shows or equine activity" means:
(i) Livestock or equine shows, fairs, competitions, performances or parades that involve any or all breeds of livestock or 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, English and Western performance riding, endurance trail riding, western games and hunting.
(ii) Equine or livestock training or teaching activities, or both.
(iii) Boarding equines or livestock.
(iv) Riding, inspecting, or evaluating an equine 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 or livestock or is permitting a perspective purchaser of the equine or livestock to ride, inspect or evaluate the equine or livestock.
(v) Rides, trips, hunts, or other equine or livestock activities of any type however informal or impromptu that are sponsored by an equine or livestock activity sponsor.
(vi) Placing or replacing horseshoes on an equine.
(vii) Examining or administering medical treatment to an equine or livestock by a veterinarian.
(e) "Equine, livestock or agritourism 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 activity, livestock show or agritourism activity, including, but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes, programs, and operators, instructors, and promoters of equine, livestock or agritourism facilities, including, but not limited to, stables, clubhouses, pony ride strings, fairs, arenas, farms and ranches at which the activity is held.
(f) "Equine, livestock or agritourism 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.
(ii) Renting equipment or tack to a participant.
(iii) Examining or administering medical treatment to an equine or livestock as a veterinarian.
(iv) Instructing a participant in the practice of farming or ranching for the purposes of planting or harvesting crops, riding, driving or being a passenger upon any wild or domestic animals or feeding those wild or domestic animals.
(v) Instructing a participant in the significance of historic, cultural or natural attractions through reenactments or interactive involvement.
(g) "Inherent risks of equine, livestock or agritourism activities" means those dangers or conditions which are an integral part of equine, livestock or agritourism activities, including, but not limited to:
(i) The propensity of an equine, livestock or any other wild or domestic animals 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 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 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.
(vi) The natural conditions of land, vegetation and waters.
(vii) The ordinary dangers of structures or equipment ordinarily used in farming or ranching operations.
(h) "Participant" means any person, whether amateur or professional, who engages in an equine activity, livestock show or agritourism activity, whether or not a fee is paid to participate in the equine activity, livestock show or agritourism activity.
(i) "Agritourism activity" means any activity that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including, but not limited to, farming activities, ranching activities or historic, cultural or natural attractions. An activity is not an agritourism activity if the participant is paid to participate in the activity.
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, livestock or agritourism activity sponsor, an equine, livestock or agritourism 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 activities, livestock shows or agritourism activities 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, livestock or agritourism professional, or any other person for injury, loss, damage or death of the participant resulting from any of the inherent risks of equine activities, livestock shows or agritourism activities.
(2) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine, livestock or agritourism activity sponsor, an equine, livestock or agritourism professional or any other person if the equine, livestock or agritourism activity sponsor, equine, livestock or agritourism professional or person:
(a) (i) Provided the equipment or tack and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury.
(ii) Provided the equine or livestock and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity or livestock show and to safely manage the particular equine 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, livestock or agritourism activity sponsor, equine, livestock or agritourism 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, livestock or agritourism activity sponsor or an equine, livestock or agritourism professional under liability provisions as set forth in products liability laws.
SECTION 4. Section 95-11-7, Mississippi Code of 1972, is amended as follows:
95-11-7. (1) Every equine, livestock or agritourism activity sponsor and every equine, livestock or agritourism professional shall post and maintain signs which contain the warning notice specified in subsection (2) of this section. The signs shall be placed in a clearly visible location on or near stables, corrals, arenas or properties where the equine, livestock or agritourism activity sponsor or the equine, livestock or agritourism professional conducts equine activities, livestock shows or agritourism activities. 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, livestock or agritourism professional or by an equine, livestock or agritourism activity sponsor for the providing of professional services, instruction or the rental of equipment or tack, or an equine, livestock or agritourism participant, whether or not the contract involves equine activities, livestock shows or agritourism activities on or off the location or site of the equine, livestock or agritourism activity sponsor's or the equine, livestock or agritourism 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:
WARNING:
Under Mississippi law, an equine, livestock or agritourism activity sponsor or an equine, livestock or agritourism professional is not liable for an injury to or the death of a participant in equine activities, livestock shows or agritourism activities resulting from the inherent risks of equine activities, livestock shows or agritourism, under this chapter.
(3) Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an equine, livestock or agritourism activity sponsor or equine, livestock or agritourism professional from invoking the privileges of immunity provided by this chapter.
SECTION 5. This act shall take effect and be in force from and after July 1, 2010.