Bill Text: VA HB1897 | 2019 | Regular Session | Prefiled
Bill Title: Equine activity liability; carriage rides.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-01-16 - Stricken from docket by Agriculture, Chesapeake and Natural Resources (22-Y 0-N) [HB1897 Detail]
Download: Virginia-2019-HB1897-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §3.2-6200 of the Code of Virginia is amended and reenacted as follows:
§3.2-6200. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Engages Engage in an equine
activity" means:
(i),
with respect to any person, whether mounted or unmounted, who rides, handles,
trains, drives, assists (i)
to ride, handle, train, drive, assist in
providing medical or therapeutic treatment of to, or is ride as a passenger upon an
equine; (ii) any person who
participates to participate
in an equine activity but, even if the person does not
necessarily ride, handle, train, drive, or ride as a passenger upon an equine;
(iii) any person visiting, touring or utilizing to visit, tour, or utilize
an equine facility as part of an event or activity; or (iv)
any person who assists to
assist a participant or equine activity sponsor or management in an equine
activity. The term "engages "Engage in an equine activity" does not include being a spectator
at an equine activity, except in cases where the spectator places himself in an
unauthorized area and in immediate proximity to an equine or equine activity.
"Equine" means a horse, pony, mule, donkey, or hinny.
"Equine activity" means:
(i) an equine
shows, fairs, competitions, performances, or parades show, fair, competition, performance, or parade
that involve
involves any or all breeds of equines and any of the equine
disciplines, including dressage, a
hunter and jumper horse shows show, grand prix jumping, a three-day events
event, combined training,
rodeos a rodeo,
driving, pulling, cutting, polo, steeple chasing, endurance trail riding and,
western games, and or hunting; (ii) an equine training or teaching activities
activity; (iii) the act of
boarding equines an
equine; (iv) the act of
riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has
received some monetary consideration or any other thing of value for the
use of the equine or is permitting a prospective purchaser of the equine to
ride, inspect, or evaluate the equine; (v)
rides, trips, hunts, or other equine activities the act of participating in
a ride, trip, hunt, or other equine activity
of any type,
however informal or impromptu,
that are is
sponsored by an equine activity sponsor; (vi)
the act of conducting general
hoofcare, including placing or replacing horseshoes or
hoof trimming, of
an equine; and
(vii) the act of providing or assisting in breeding or therapeutic
veterinary treatment; or
(viii) the act of riding in or driving
a carriage or other equine-drawn vehicle.
"Equine activity sponsor" means
(i) any person or his agent who, for profit or not for
profit, sponsors, organizes, or provides the facilities for an equine activity,
including a pony
clubs, 4-H clubs, hunt clubs, riding clubs, school-
and club,
4-H club, hunt club, riding club, school-sponsored or
college-sponsored classes and programs, class or program, or
therapeutic riding programs,
and operators, instructors, and promoters program, or (ii)
an operator, instructor, or promoter of an
equine facilities
facility, including stables, clubhouses a stable, clubhouse, ponyride strings, fairs, and arenas string, carriage ride, fair,
or arena where the activity is held.
"Equine professional" means a person or his agent
engaged for compensation in:
(i) instructing a participant or renting to a participant an equine or equine-drawn vehicle for
the purpose of riding, driving, or being a passenger upon an equine; or or in
an equine-drawn vehicle; (ii)
renting equipment or tack to a participant;
or (iii) giving a carriage
ride or driving a participant in an equine-drawn vehicle.
"Intrinsic dangers of equine activities" means those
dangers or conditions that are an integral part of equine activities, including: (i) the propensity of equines an
equine to behave in ways that may result in injury, harm,
or death to persons a person on or around them it;
(ii) the unpredictability of an equine's reaction to such things as sounds,
sudden movement, and or unfamiliar objects,
persons, or other animals; (iii) certain hazards such as surface and subsurface
conditions; (iv) collisions with other animals or objects; and (v) the
potential of a the participant acting to act
in a negligent manner that may contribute to injury to the participant or
others, such as failing to maintain control over the equine or not acting
within the participant's ability.
"Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
