October 15, 2003, Introduced by Senator McMANUS and referred to the Committee on Judiciary.
A bill to amend 1994 PA 351, entitled
"Equine activity liability act,"
by amending section 5 (MCL 691.1665).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5. Section 3 does not prevent or limit the liability
2 of an equine activity sponsor, equine professional, or another
3 person if the equine activity sponsor, equine professional, or
4 other person does any of the following:
5 (a) Provides equipment or tack and knows or should know that
6 the equipment or tack is faulty, and the equipment or tack is
7 faulty to the extent that it is a proximate cause of the injury,
8 death, or damage.
9 (b) Provides an equine and fails to make reasonable and
10 prudent efforts to determine the ability of the participant to
11 engage safely in the equine activity and to determine the ability
1 of the participant to safely manage the particular equine. A
2 person shall not rely upon a participant's representations of his
3 or her ability unless these representations are supported by
4 reasonably sufficient detail.
5 (c) Owns, leases, rents, has authorized use of, or otherwise
6 is in lawful possession and control of land or facilities on
7 which the participant sustained injury because of a dangerous
8 latent condition of the land or facilities that is known to the
9 equine activity sponsor, equine professional, or other person and
10 for which warning signs are not conspicuously posted.
11 (d) Commits a
negligent an act or omission that constitutes
12 a willful and wanton disregard for the safety of the participant,
13 and that act or omission was a proximate cause of the injury,
14 death, or damage.