MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Agriculture
By: Representative Barker
AN ACT TO CREATE THE RECREATION SAFETY ACT; TO PROVIDE THAT INDIVIDUALS PARTICIPATING IN CERTAIN ACTIVITIES ASSUME THE RISKS ASSOCIATED WITH SUCH ACTIVITIES; TO BRING FORWARD SECTIONS 95-11-3 AND 95-11-5, MISSISSIPPI CODE OF 1972, WHICH REGARD EQUINE ACTIVITIES FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Recreation Safety Act."
SECTION 2. As used in this act:
(a) "Inherent risk" with regard to any sport or recreational opportunity means those dangers or conditions which are characteristic of, intrinsic to, or an integral part of any sport or recreational opportunity;
(b) "Provider" means any governmental entity which for profit or otherwise, offers or conducts a sport or recreational opportunity. This act does not apply to a cause of action based upon the design or manufacture of sport or recreational equipment or products or safety equipment used incidental to or required by the sport or recreational opportunity;
(c) "Sport or recreational opportunity" means commonly understood sporting activities including baseball, softball, football, soccer, basketball, swimming, hockey, dude ranching, water skiing and other water sports, mountain climbing, outdoor education programs, river floating, hunting, fishing, backcountry trips, horseback riding and any other equine activity and similar recreational opportunities;
(d) "Equine activity" means in addition to the definition in Section 95-11-3:
(i) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines;
(ii) Any of the equine disciplines;
(iii) Equine training or teaching activities, or both;
(iv) Boarding equines;
(v) 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;
(vi) Rides, trips, hunts or other equine activities of any type however informal or impromptu;
(vii) Day use rental riding, riding associated with a dude ranch or riding associated with outfitted pack trips; and
(viii) Placing or replacing horseshoes on an equine.
SECTION 3. (1) Any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for any and all damage, injury or death to himself or other persons or property that results from the inherent risks in that sport or recreational opportunity.
(2) A provider of any sport or recreational opportunity is not required to eliminate, alter, or control the inherent risks within the particular sport or recreational opportunity.
(3) Actions based upon negligence of the provider wherein the damage, injury or death is not the result of an inherent risk of the sport or recreational opportunity shall be preserved.
(4) The assumption of risk provisions in subsections (1) through (3) of this section apply irrespective of the age of the person assuming the risk.
SECTION 4. Section 95-11-3, Mississippi Code of 1972, is brought forward 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) "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 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 activity or livestock show, 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 or livestock facilities, including, but not limited to, stables, clubhouses, pony ride strings, fairs and arenas at which the activity is held.
(f) "Equine 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.
(ii) Renting equipment or tack to a participant.
(iii) Examining or administering medical treatment to an equine or livestock as a veterinarian.
(g) "Inherent risks of equine or livestock activities" means those dangers or conditions which are an integral part of equine or livestock activities, including, but not limited to:
(i) The propensity of an equine 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 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.
(h) "Participant" means any person, whether amateur or professional, who engages in an equine activity or livestock show, whether or not a fee is paid to participate in the equine activity or livestock show.
SECTION 5. Section 95-11-5, Mississippi Code of 1972, is brought forward as follows:
95-11-5. (1) Except as provided in subsection (2) of this section, an equine or livestock activity sponsor, an equine 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 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 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 activities or livestock shows.
(2) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine or livestock activity sponsor, an equine or livestock professional or any other person if the equine or livestock activity sponsor, equine 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 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 or livestock activity sponsor, equine 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 or livestock activity sponsor or an equine or livestock professional under liability provisions as set forth in products liability laws.
SECTION 6. This act shall take effect and be in force from and after July 1, 2014.