A. No person, corporation or partnership is liable for personal injuries to or for the death of a rider that may occur as a result of the behavior of equine animals while engaged in any equine activities.
B. No person, corporation or partnership shall make any claim against, maintain any action against or recover from a rider, operator, owner, trainer or promoter for injury, loss or damage resulting from equine behavior unless the acts or omissions of the rider, owner, operator, trainer or promoter constitute negligence.
C. Nothing in the Equine Liability Act shall be construed to prevent or limit the liability of the operator, owner, trainer or promoter of an equine activity who:
(1) provided the equipment or tack, and knew or should have known that the equipment or tack was faulty and an injury was the proximate result of the faulty condition of the equipment or tack;
(2) provided the equine and failed to make reasonable and prudent efforts to determine the ability of the rider to:
(a) engage safely in the equine activity; or
(b) safely manage the particular equine based on the rider's representations of his ability;
(3) owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which a rider sustained injuries because of a dangerous condition that was known to the operator, owner, trainer or promoter of the equine activity;
(4) committed an act or omission that constitutes conscious or reckless disregard for the safety of a rider and an injury was the proximate result of that act or omission; or
(5) intentionally injures a rider.
History: Laws 1993, ch. 117, § 4.
ANNOTATIONSEffective dates. — Laws 1993, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
Intent of legislature. — While the phrase "unless the acts or omissions of the . . . operator . . . constitute negligence" in Subsection B of this section serves to expressly limit the definition of conduct for which equine operators cannot be held liable, the legislative intent goes further than that to express a policy that equine operators should be accountable for their own negligence. Berlangieri v. Running Elk Corp., 2003-NMSC-024, 134 N.M. 341, 76 P.3d 1098.
Act provides greater protections for patrons than common law. — Because Subsection C of this section goes into considerable detail in explaining what types of activities equine operators may be held liable for, while "equine behavior" is only briefly addressed, this suggests that the legislature attempted to provide greater protection for patrons of equine activities in the Equine Liability Act than they otherwise would have enjoyed. Berlangieri v. Running Elk Corp., 2003-NMSC-024, 134 N.M. 341, 76 P.3d 1098.
Liability releases disallowed. — Disallowing liability releases for negligence furthers the purposes of the Equine Liability Act as expressed in 42-13-2 NMSA 1978. Berlangieri v. Running Elk Corp., 2003-NMSC-024, 134 N.M. 341, 76 P.3d 1098.
The policy generally expressed in the Equine Liability Act and other factors trigger the public policy exception to the general rule that liability releases for negligence are enforceable. Berlangieri v. Running Elk Corp., 2003-NMSC-024, 134 N.M. 341, 76 P.3d 1098.