Injury, death, or property damage; liability

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  • (a) Except as otherwise provided in section 185, an equine activity sponsor, an equine professional, or other person is not liable for an injury to or the death of a participant or property damage resulting from an inherent risk of an equine activity. Except as otherwise provided in section 185, a participant or participant's representative may not make a claim for, or recover, civil damages from an equine activity sponsor, an equine professional, or other person for injury to or the death of the participant or equine or property damage resulting from an inherent risk of an equine activity.

  • (b) In any civil action for injury, loss, damage, or death of a participant or equine, there is a presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine professional, or the employees or agents of the equine activity sponsor or equine professional, if the injury, loss, damage, or death was caused in whole or in part by the inherent risk and unpredictable nature of the equine. An injured person or the injured person's legal representative may rebut the presumption of no negligence by a preponderance of the evidence.


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