Indiana § 34-31-5-2 Exceptions to immunity for certain acts or omissions

Indiana Statutes

§ 34-31-5-2 — Exceptions to immunity for certain acts or omissions

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 31 LIMITED LIABILITY·Ch. 5 Limited Liability Arising From Equine Activities

(a)This section does not apply to the horse racing industry.

(b)Section 1 of this chapter does not prevent or limit the liability of an equine activity sponsor or an equine professional:

(1)who:

(A)provided equipment or tack that was faulty and that caused the injury; and

(B)knew or should have known that the equipment or tack was faulty;

(2)who provided the equine and failed to make reasonable and prudent efforts based on the participant's representations of the participant's ability to:

(A)determine the ability of the participant to engage safely in the equine activity; and

(B)determine the ability of the participant to safely manage the particular equine;

(3)who:

(A)was in lawful possession and control of the land or facilities on which the participant sustained injuries; and

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(a) This section does not apply to the horse
racing industry.
(b) Section 1 of this chapter does not prevent or limit the liability of
an equine activity sponsor or an equine professional:
(1) who:
(A) provided equipment or tack that was faulty and that caused
the injury; and
(B) knew or should have known that the equipment or tack was
faulty;
(2) who provided the equine and failed to make reasonable and
prudent efforts based on the participant's representations of the
participant's ability to:
(A) determine the ability of the participant to engage safely in
the equine activity; and
(B) determine the ability of the participant to safely manage the
particular equine;
(3) who:
(A) was in lawful possession and control of the land or facilities
on which the participant sustained injuries; and
(B) knew or should have known of the dangerous latent
condition that caused the injuries;
if warning signs concerning the dangerous latent condition were
not conspicuously posted on the land or in the facilities;
(4) who committed an act or omission that:
(A) constitutes reckless disregard for the safety of the
participant; and
(B) caused the injury; or
(5) who intentionally injured the participant.
(c) Section 1 of this chapter does not prevent or limit the liability of
an equine activity sponsor or an equine professional under the product
liability laws.
[Pre-1998 Recodification Citation: 34-4-44-9.]

Indiana § 34-31-5-2 (Exceptions to immunity for certain acts or omissions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.