What is the Equine Activity Liability Act?

The Equine Activity Liability Act is a law in the state of New York which protects participants engaging in equine activities from being held liable in certain situations. Under the Act, there must be “gross negligence” or “willful or wanton disregard for the safety of the participant” for the participant to be held liable in an equine activity. Therefore, if a person takes part in an equine activity and is injured, the participant cannot normally be held liable unless they acted with gross negligence or willfully or wantonly disregarded their own safety. The Act also includes a provision making any person providing an equine activity liable if they fail to make reasonable and prudent efforts to determine the safety of the horse, to determine the capability of the participant to engage safely in the equine activity, to properly inspect the land and facilities used in the equine activity, to properly supervise the equine activity, and to warn the participant of any known risks. In addition, an equine activity sponsor or instructor must keep records of any injuries sustained as a result of an equine activity. The Equine Activity Liability Act is an important law to protect people who participate in equine activities in New York. It helps ensure that people are not held liable for injuries sustained during equine activities, unless they acted with gross negligence or willfully or wantonly disregarded their own safety. It also helps ensure that those providing equine activities take appropriate safety precautions.

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