Illinois Equine Activity Liability Act - PowerPoint PPT Presentation

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Title:

Illinois Equine Activity Liability Act

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A statute that seeks to protect equine professionals from liability by ... Willful and Wanton conduct. Illinois pattern Jury instructions; ... – PowerPoint PPT presentation

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Title: Illinois Equine Activity Liability Act


1
Illinois Equine Activity Liability Act
  • 745 Ill. Comp. Stat. 47/1 et seq. (2000)

2
What is the Equine Activity Liability Act?
  • A statute that seeks to protect equine
    professionals from liability by eliminating the
    risk of lawsuits for injuries arising out of the
    inherent dangers associated with activities
    involving horses

3
Purpose of the Act
  • To promote and encourage equine activities and
    the economic benefits derived from such
    activities
  • To encourage equine activities by limiting the
    civil liability of those involved in such
    activities

4
Equine Activities
  • Shows
  • Fairs
  • Competitions
  • Performances
  • Parades
  • Rodeos
  • polo
  • Performance riding
  • Trial riding
  • Training and teaching
  • Boarding
  • Shoeing
  • And others

5
What the Act does
  • Assumption of risk Defense
  • Each participant who engages in an equine
    activity expressly assumes the risk of and legal
    responsibility for injury, loss, or damage to the
    participant or the participants property that
    results from participating in an equine
    activity.
  • Notice signage requirements
  • Posting a sign with the statutorily mandated
    warning notice
  • The warning notice must be in every written
    contract entered into by a professional
  • Failure to comply may disqualify any immunity

6
Requirements
  • Engaged in an equine activity
  • Control may be key
  • Voluntarily participating in an equine activity
  • Defendant is a professional
  • Notice and Signage
  • No exception applies
  • No gross negligence

7
Exceptions to the act
  • Faulty equipment
  • Suitability of the equine for the participant
  • Dangerous latent condition
  • Willful and Wanton conduct
  • Illinois pattern Jury instructions
  • behavior which, if not intentional, shows an
    utter indifference to or conscious disregard for
    the safety of others
  • Intentional misconduct

8
Illinois Cases
  • Carl v. Resnick, 714 N.E. 2d 1(Ill. App. Ct.
    1999).
  • Lessman v. Rhodes, 721 N.E.2d 178 (Ill. App. Ct.
    1999).
  • Smith v. Lane, 832 N.E.2d 947 (Ill. App. Ct.
    2005).

9
Other Important Cases
  • Friedli v. Kerr, 2001 Tenn. App. Lexis 108 (Tenn.
    App. 2001).
  • Kangas v. Perry, 620 N.W.2d 429 (Wis. App. 2000).

10
Websites
  • Animal Legal Historical Center,
    www.animallaw.info
  • Equine Liability Laws, www.americanequestrian.com
  • Equine Legal Guide, www.horsereview.com

11
Law Review Articles
  • Walking Through the New Jersey Equine Activity
    Liability Statute A look at Judicial Statutory
    Interpretation in jurisdictions with Similar
    Limited liability laws, 12 Seton Hall J. Sport L.
    65, (2002).
  • Survey of Illinois Law Animal Control Law
    Liability for Animal Inflicted Injury, 24 S. Ill.
    U.L.J. 693 (2000)
  • Equestrian Immunity and Sport Responsibility
    Statutes Altering Obligations and Placing them
    on Participants, 13 Vill. Sports Ent. L.j. 37
    (2006)

12
Risk Management
  • Regular inspection of equipment
  • Evaluation of participants riding ability
    experience
  • Regular inspection of property conditions
  • Promote safety awareness
  • Post operational rules
  • Post equine activity liability Warning signs
  • Obtain release or waiver
  • Obtain appropriate insurance coverage
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