Wednesday, June 10, 2015

Liability: Nevada is the 47th state to enact an Equine Activity Liability Act

Equine Activity Liability Acts are now in 47 states. Nevada passed SB 129 and the governor signed the bill into law at the end of May. Like all such acts, this new law is designed to limit civil liability or certain people for injuries or death that result from certain equine activities.

Section 1 of the Act provides immunity for certain people. Interestingly, the Act specifically lists veterinarians as protected - many other states merely group veterinarians with other equine professionals. Section 1 also specifically creates a duty for the participant in an equine activity.

Immunity is not available to protected people if they provide defective tack, or they provide an unsuitable horse without making reasonable efforts to determine the participant's ability. Immunity is also not available if an injury is caused by a latent defect.

Under Section 2, an organization - including a nonprofit, corporation, or other association - is not immune from liability for injury or damage that results from a negligent or wrongful act.

The new act is scheduled to take effect on October 1, 2015.

Remember that not all Equine Activity Liability Acts are the same! Make sure you know the law in your state. If you have any questions, contact an equine attorney.

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