Establishes parameters of civil liability for persons involved in equine activities

BILL NUMBER:S795

Title of bill

An act to amend the general obligations law, in relation to the liability of persons involved in equine activities

Purpose

This bill establishes guidelines for the conduct of participants, sponsors and professionals involved in the sport of horseback riding; to educate the public as to the inherent risks in the sport of horseback riding so as to minimize the risk of injury to persons engaged in the sport of horseback riding; to promote safety in the horseback riding industry, and to preserve the financial sustainability of the equine sponsors and equine professionals engaged in the horseback riding industry.

Summary of provisions

The General Obligations Law is amended by adding a new Article l8-B which creates the Equine Activity Safety Code. This bill defines not only those risks inherent to the sport for which liability protection will be afforded, but also establishes affirmative acts for which stable owners, activity sponsors, and equine businesses are responsible. This legislation requires detailed posting and notifications of persons engaging in equine activities concerning the inherent risks of the sport, and mandates that participants recognize these risks and accept responsibility for themselves when they choose to participate.

Justification

Horseback riding as a sport and industry has enjoyed increasing growth and prominence in New York. In conjunction with this growth, the issue of liability has become a critical concern to the equine industry, not only in New York State, but nationally. Large claims paid by insurers to persons injured in accidents involving horses has driven the cost of liability insurance for stable owners and sponsors of recreational horse activities to intolerable levels. In many cases, horse farmers are risking the loss of their farms simply because they cannot afford the premium or cannot obtain coverage at all. At least 40 States have passed, or are considering, legislation similar to this proposal. The passage of this bill will take New York one step closer to its goal of preservation of farmland and open space by allowing horse farms to exist and operate, while at the same time protecting the rights of persons injured due to the negligence of another. This bill in no way establishes caps or limits on insurance awards, but rather seeks to define situations where the participant must accept responsibility for the inherent risks of participating in horse-related activities.

Legislative history

2009-2010: S.2412/A.6032 Referred to Judiciary 2007-2008: S.4509/A.11618 Referred to Judiciary 2006:S.6821 Referred to Judiciary 2003-2004: S.171/A.1325,A.7007 Passed Senate

Fiscal implications

None.

Effective date

Ninety days after enactment into law.