Does a Horse Owner Need a Release Form in Arizona?
Full Question:
Answer:
It is possible to be sued, even if a release is obtained. For example, a release will not absolve someone who has harardous conditions on the property, commits a willful or intentional wrong, or is guilty of gross negligence. It will also not release a person of liability for assigning an unsuitable horse to a person (such as a horse that is difficult to handle being assigned to a new rider). Parents of a minor should be required to sign a release to protect against claims due to injuries to minors.
Please see the following AZ statutes to determine applicability:
12-553. Limited liability of equine owners and owners of equine facilities;
exception; definitions
A. An equine owner or an agent of an equine owner who regardless of
consideration allows another person to take control of an equine is not
liable for an injury to or the death of the person if:
1. The person has taken control of the equine from the owner or agent
when the injury or death occurs.
2. The person or the parent or legal guardian of the person if the person
is under eighteen years of age has signed a release before taking control
of the equine.
3. The owner or agent has properly installed suitable tack or equipment
or the person has personally tacked the equine with tack the person owned,
leased or borrowed. If the person has personally tacked the equine, the
person assumes full responsibility for the suitability, installation and
condition of the tack.
4. The owner or agent assigns the person to a suitable equine based on a
reasonable interpretation of the person's representation of his skills,
health and experience with and knowledge of equines.
B. Subsection A does not apply to an equine owner or agent of the equine
owner who is grossly negligent or commits wilful, wanton or intentional
acts or omissions.
C. An owner, lessor or agent of any riding stable, rodeo ground, training
or boarding stable or other private property that is used by a rider or
handler of an equine with or without the owner's permission is not liable
for injury to or death of the equine or the rider or handler.
D. Subsection C does not apply to an owner, lessor or agent of any riding
stable, rodeo ground, training or boarding stable or other private property
that is used by a rider or handler of an equine if either of the following
applies:
1. The owner, lessor or agent knows or should know that a hazardous
condition exists and the owner, lessor or agent fails to disclose the
hazardous condition to a rider or handler of an equine.
2. The owner, lessor or agent is grossly negligent or commits wilful,
wanton or intentional acts or omissions.
E. As used in this section:
1. "Equine" means a horse, pony, mule, donkey or ass.
2. "Release" means a document that a person signs before taking control
of an equine from the owner or owner's agent and that acknowledges that the
person is aware of the inherent risks associated with equine activities, is
willing and able to accept full responsibility for his own safety and
welfare and releases the equine owner or agent from liability unless the
equine owner or agent is grossly negligent or commits wilful, wanton or
intentional acts or omissions.