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Indiana Code Title 34. Civil Law and Procedure § 34-31-5-2

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 2. (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.

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Cite this article: FindLaw.com - Indiana Code Title 34. Civil Law and Procedure § 34-31-5-2 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-31-5-2/

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