§ 27-1-726 — Definitions

Montana § 27-1-726

• Jurisdiction: Montana
• Title 27: CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
• Ch. 1: AVAILABILITY OF REMEDIES -- LIABILITY
• Part 7: Liability

Text

27-1-726 . Definitions. As used in 27-1-725 through 27-1-727 , the following definitions apply:
(1) "Engage in an equine activity" means to ride, train, drive, or be a passenger upon an equine, whether mounted or unmounted, or to assist a participant, equine activity sponsor, or equine professional. The phrase does not mean activity by a spectator at an equine activity, unless the spectator is improperly in an unauthorized area in immediate proximity to an equine activity.
(2) "Equine" means a horse, pony, mule, donkey, or hinny.
(3) "Equine activity" means:
(a) equine shows, fairs, competitions, performances, or parades that involve any breed of equines and any of the equine disciplines, including but not limited to dressage, hunter and jumper horse shows, grand prix jumping, 3-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting;
(b) equine training or teaching activities;
(c) boarding equines;
(d) riding, inspecting, grooming, or evaluating an equine belonging to another, whether or not the owner has received monetary consideration or another thing of value for the use of the equine or permits a prospective purchaser of the equine to ride, inspect, groom, or evaluate the equine;
(e) rides, trips, hunts, pack trips, or other equine activities of any type, however informal, that are sponsored by an equine activity sponsor; and
(f) providing veterinarian or farrier services.
(4) "Equine activity sponsor" means an individual, group, club, partnership, corporation, or other entity, whether operating for profit or nonprofit, that sponsors, organizes, or provides the facilities for an equine activity. The phrase includes but is not limited to pony clubs; 4-H clubs; hunt clubs; riding clubs; riding classes and programs; therapeutic riding programs; operators, instructors, and promoters of equine facilities; stables; clubhouses; pony ride strings; farms; ranches; and arenas.
(5) "Equine professional" means a person engaged for compensation in:
(a) instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine;
(b) selling or renting equipment or tack to a participant; or
(c) providing veterinary or farrier services.
(6) "Participant" means a person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
(7) "Risks inherent in equine activities" means dangers or conditions that are an integral part of equine activities, including but not limited to:
(a) the propensity of an equine to behave in ways that may result in injury or harm to or the death of persons on or around the equine;
(b) the unpredictability of an equine's reaction to such things as medication; sounds; sudden movement; and unfamiliar objects, persons, or other animals;
(c) hazards, such as surface and subsurface ground conditions;
(d) collisions with other equines or objects; or
(e) the potential of another participant to not maintain control over the equine or to not act within the person's ability.

Legislative History

En. Sec. 2, Ch. 119, L. 1993.