Senate Bill No. 433

(By Senator Deem)

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[Introduced February 19, 1996; referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section five, article four, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting the liability of a horseman or operator of a horseman's business engaged in equestrian activity.

Be it enacted by the Legislature of West Virginia:
That section five, article four, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. EQUESTRIAN ACTIVITIES RESPONSIBILITY ACT.

§20-4-5. Liability of horsemen.

(a) A horseman or operator of a horseman's business shall may be liable for injury, loss or damage caused by failure to follow the duties set forth in section three of this article where the violation of duty is causally related to the injury, loss or damage suffered. A horseman shall not be liable for any injury, loss or damage caused by the negligence of any person who is not an agent or employee of such horseman.
(b) A horseman shall be liable for acts or omissions which constitute gross negligence or willful and wanton conduct which is the proximate cause of injury to a participant.
(c) A horseman shall be liable for an intentional injury which he or she inflicts upon a participant.
(d) Every horseman shall carry public liability insurance in limits of no less than one hundred thousand dollars per person, three hundred thousand dollars per occurrence and ten thousand dollars for property damage
not be liable for an injury to or the death of a participant resulting from the inherent risks of equestrian activities and, except as provided in subsection (b) of this section, no participant or participant's representative shall make any claim against, maintain an action against, or recover from any horseman or operator of a horseman's business for injury, loss, damage or death of the participant resulting from any of the inherent risks of equestrian activities.
(b) Nothing in subsection (a) of this section shall prevent or limit the liability of a horseman or operator of a horseman's business if the horseman or the operator of a horseman's business:
(1) 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; or (2) Provided the horse or horses and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equestrian activity and to safely manage the particular horse based on the participant's representations of his or her ability; or
(3) 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 horseman or operator of a horseman's business and for which warning signs have not been conspicuously posted; or
(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; or
(5) Intentionally injures the participant.
(c) Nothing in subsection (a) of this section shall prevent or limit the liability of a horseman or operator of a horseman's business under liability provisions as set forth in the products liability laws.




Note: The purpose of this bill is to further limit the liability of a horseman and operator's of a horseman's business who provide equestrian activity.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.