Whinny Farms: Oregon Equine
Law
Horse Training Services
38434 East Hwy 20 Burns Oregon,
97720
(541) 493-
2232
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Page
OREGON REVISED STATUTES
TITLE 3. REMEDIES AND SPECIAL
ACTIONS AND PROCEEDINGS CHAPTER 30. ACTIONS AND SUITS IN PARTICULAR
CASES ACTIONS ARISING OUT OF EQUINE ACTIVITIES
·
30.687. Definitions for ORS
30.687 to 30.697. For the purposes
of ORS 30.687 to 30.697:
- (1) "Equine" means a horse,
pony, mule, donkey or hinny.
- (2) "Equine activity"
means:
- (a) Equine shows, fairs,
competitions, performances or parades that involve any or all
breeds of equines and any of the equine disciplines including, but
not limited to, dressage, hunter and jumper horse shows, grand
prix jumping, three-day events, combined training, rodeos,
driving, pulling, cutting, polo, steeplechasing, endurance trail
riding and western games and
hunting;
- (b) Equine training, grooming
and teaching activities;
- (c) Boarding equines;
- (d) Riding, inspecting or
evaluating an equine belonging to another whether or not the owner
has received some monetary consideration or 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; and
- (e) Rides, trips, hunts or
other equine activities of any type however informal or impromptu
that are sponsored by an equine activity sponsor.
- (3) "Equine activity sponsor"
means an individual, group or club, partnership or corporation,
whether or not the sponsor is operating for profit or nonprofit,
that sponsors, organizes or provides the facilities for an equine
activity, including but not limited to pony clubs, 4-H clubs, hunt
clubs, riding clubs, school and college sponsored classes and
programs, therapeutic riding programs and operators, instructors,
and promoters of equine facilities, including but not limited to
stables, clubhouses, pony ride strings, fairs and arenas at which
the activity is held.
- (4) "Equine professional"
means a person engaged for compensation:
- (a) In instructing a
participant or renting to a participant an equine for the purpose
of riding, training, driving, grooming or being a passenger upon
the equine; or
- (b) In renting equipment or
tack to a participant.
- (5) "Participant" means any
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. "Participant" does not include a spectator at
an equine activity or a person who participates in the equine
activity but does not ride, train, drive, groom or ride as a
passenger upon an equine.
30.689. Policy.
- (1) It is the purpose of ORS
30.687 to 30.697 to assist courts and juries to define the
circumstances under which those persons responsible for equines
may and may not be liable for damages to other persons harmed in
the course of equine activities.
- (2) It is the policy of the
State of Oregon that no person shall be liable for damages
sustained by another solely as a result of risks inherent in
equine activity, insofar as those risks are, or should be,
reasonably obvious, expected or necessary to the person injured.
- (3) It is the policy of the
State of Oregon that persons responsible for equines, or
responsible for the safety of those persons engaged in equine
activities, who are negligent and cause foreseeable injury to a
person engaged in those activities, bear responsibility for that
injury in accordance with other applicable law.
30.691. Limitations on liability; exceptions.
- (1) Except as provided in
subsection (2) of this section and in ORS 30.693, an equine
activity sponsor or an equine professional shall not be liable for
an injury to or the death of a participant arising out of riding,
training, driving, grooming or riding as a passenger upon an
equine and, except as provided in subsection (2) of this section
and ORS 30.693, no participant or participant's representative may
maintain an action against or recover from an equine activity
sponsor or an equine professional for an injury to or the death of
a participant arising out of riding, training, driving, grooming
or riding as a passenger upon an equine.
- (2)(a) The provisions of ORS
30.687 to 30.697 do not apply to any injury or death arising out
of a race as defined in ORS
462.010.
- (b) Nothing in subsection (1)
of this section shall limit the liability of an equine activity
sponsor or an equine professional:
- (A) If the equine activity
sponsor or the equine professional commits an act or omission that
constitutes willful or wanton disregard for the safety of the
participant and that act or omission caused the injury;
- (B) If the equine activity
sponsor or the equine professional intentionally injures the
participant;
- (C) Under the products
liability provisions of ORS 30.900 to 30.920; or
- (D) Under ORS 30.820 or
608.015.
30.693. Additional exceptions to limitations on liability;
effect of written release.
- (1) Except as provided in
subsection (2) of this section, nothing in ORS 30.691 shall limit
the liability of an equine activity sponsor or an equine
professional if the equine activity sponsor or the equine
professional:
- (a) Provided the equipment or
tack, failed to make reasonable and prudent inspection of the
equipment or tack, and that failure was a cause of the injury to
the participant;
- (b) Provided the equine and
failed to make reasonable and prudent efforts to determine the
ability of the participant to safely ride, train, drive, groom or
ride as a passenger upon an equine, to determine the ability of
the equine to behave safely with the participant and to determine
the ability of the participant to safely manage the particular
equine; or
- (c) Owns, leases, rents or
otherwise is in lawful possession and control of the land or
facilities upon which the participant sustained injuries because
of a dangerous latent condition whichwas known to or should have
been known to the equine activity sponsor or the equine
professional and for which warning signs have not been
conspicuously posted.
- (2) The limitations on
liability provided in ORS 30.691 shall apply to an adult
participant in the circumstances listed in subsection (1)(b) of
this section if the participant, prior to riding, training,
driving, grooming or riding as a passenger upon an equine,
knowingly executes a release stating that as a condition of
participation, the participant waives the right to bring an action
against the equine professional or equine activity sponsor for any
injury or death arising out of riding, training, driving, grooming
or riding as a passenger upon the equine. A release so executed
shall be binding upon the adult participant, and no equine
professional or equine activity sponsor shall be liable in the
circumstances described in subsection (1)(b) of this section
except as provided in ORS 30.691 (2).
30.695. Effect of written release on liability of
veterinarian or farrier.
- (1) No veterinarian or farrier
shall be liable to any person who assists the veterinarian or
farrier in rendering veterinarian or farrier services to an equine
if the person, prior to assisting the veterinarian or farrier,
executes a release stating that the person rendering assistance
waives the right to bring an action against the veterinarian or
farrier for any injury or death arising out of assisting in the
provision of veterinarian or farrier services. A release so
executed shall be enforceable regardless of lack of consideration.
- (2) A release executed
pursuant to this section shall not limit the liability of a
veterinarian or farrier for gross negligence or intentional
misconduct.
30.697. Effect on workers' compensation
benefits.
- Nothing in ORS 30.687 to
30.695 shall affect the right of any person to any workers'
compensation benefits that may be payable by reason of death,
injury or other loss.
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Thank You
Find us at "The
Big Red Barn", mile marker 147, HWY 20 East of Burns
Oregon.
Call (541) 493-2232
Email: kdhalls@centurytel.net
Whinny Farms:Stallion
Station
38434 E. Hwy 20
Burns, Oregon 97720
Copyright 2007 Whinny
Farms. WARNING ! All content contained within this site is protected by
copyright laws.
|
Whinny Farms: Oregon Equine Law Horse Training Services
(541) 493- 2232 |
Back to Services
Page
OREGON REVISED STATUTES
TITLE 3. REMEDIES AND SPECIAL
ACTIONS AND PROCEEDINGS CHAPTER 30. ACTIONS AND SUITS IN PARTICULAR
CASES ACTIONS ARISING OUT OF EQUINE ACTIVITIES
·
30.687. Definitions for ORS
30.687 to 30.697. For the purposes
of ORS 30.687 to 30.697:
- (1) "Equine" means a horse,
pony, mule, donkey or hinny.
- (2) "Equine activity"
means:
- (a) Equine shows, fairs,
competitions, performances or parades that involve any or all
breeds of equines and any of the equine disciplines including, but
not limited to, dressage, hunter and jumper horse shows, grand
prix jumping, three-day events, combined training, rodeos,
driving, pulling, cutting, polo, steeplechasing, endurance trail
riding and western games and
hunting;
- (b) Equine training, grooming
and teaching activities;
- (c) Boarding equines;
- (d) Riding, inspecting or
evaluating an equine belonging to another whether or not the owner
has received some monetary consideration or 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; and
- (e) Rides, trips, hunts or
other equine activities of any type however informal or impromptu
that are sponsored by an equine activity sponsor.
- (3) "Equine activity sponsor"
means an individual, group or club, partnership or corporation,
whether or not the sponsor is operating for profit or nonprofit,
that sponsors, organizes or provides the facilities for an equine
activity, including but not limited to pony clubs, 4-H clubs, hunt
clubs, riding clubs, school and college sponsored classes and
programs, therapeutic riding programs and operators, instructors,
and promoters of equine facilities, including but not limited to
stables, clubhouses, pony ride strings, fairs and arenas at which
the activity is held.
- (4) "Equine professional"
means a person engaged for compensation:
- (a) In instructing a
participant or renting to a participant an equine for the purpose
of riding, training, driving, grooming or being a passenger upon
the equine; or
- (b) In renting equipment or
tack to a participant.
- (5) "Participant" means any
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. "Participant" does not include a spectator at
an equine activity or a person who participates in the equine
activity but does not ride, train, drive, groom or ride as a
passenger upon an equine.
30.689. Policy.
- (1) It is the purpose of ORS
30.687 to 30.697 to assist courts and juries to define the
circumstances under which those persons responsible for equines
may and may not be liable for damages to other persons harmed in
the course of equine activities.
- (2) It is the policy of the
State of Oregon that no person shall be liable for damages
sustained by another solely as a result of risks inherent in
equine activity, insofar as those risks are, or should be,
reasonably obvious, expected or necessary to the person injured.
- (3) It is the policy of the
State of Oregon that persons responsible for equines, or
responsible for the safety of those persons engaged in equine
activities, who are negligent and cause foreseeable injury to a
person engaged in those activities, bear responsibility for that
injury in accordance with other applicable law.
30.691. Limitations on liability; exceptions.
- (1) Except as provided in
subsection (2) of this section and in ORS 30.693, an equine
activity sponsor or an equine professional shall not be liable for
an injury to or the death of a participant arising out of riding,
training, driving, grooming or riding as a passenger upon an
equine and, except as provided in subsection (2) of this section
and ORS 30.693, no participant or participant's representative may
maintain an action against or recover from an equine activity
sponsor or an equine professional for an injury to or the death of
a participant arising out of riding, training, driving, grooming
or riding as a passenger upon an equine.
- (2)(a) The provisions of ORS
30.687 to 30.697 do not apply to any injury or death arising out
of a race as defined in ORS
462.010.
- (b) Nothing in subsection (1)
of this section shall limit the liability of an equine activity
sponsor or an equine professional:
- (A) If the equine activity
sponsor or the equine professional commits an act or omission that
constitutes willful or wanton disregard for the safety of the
participant and that act or omission caused the injury;
- (B) If the equine activity
sponsor or the equine professional intentionally injures the
participant;
- (C) Under the products
liability provisions of ORS 30.900 to 30.920; or
- (D) Under ORS 30.820 or
608.015.
30.693. Additional exceptions to limitations on liability;
effect of written release.
- (1) Except as provided in
subsection (2) of this section, nothing in ORS 30.691 shall limit
the liability of an equine activity sponsor or an equine
professional if the equine activity sponsor or the equine
professional:
- (a) Provided the equipment or
tack, failed to make reasonable and prudent inspection of the
equipment or tack, and that failure was a cause of the injury to
the participant;
- (b) Provided the equine and
failed to make reasonable and prudent efforts to determine the
ability of the participant to safely ride, train, drive, groom or
ride as a passenger upon an equine, to determine the ability of
the equine to behave safely with the participant and to determine
the ability of the participant to safely manage the particular
equine; or
- (c) Owns, leases, rents or
otherwise is in lawful possession and control of the land or
facilities upon which the participant sustained injuries because
of a dangerous latent condition whichwas known to or should have
been known to the equine activity sponsor or the equine
professional and for which warning signs have not been
conspicuously posted.
- (2) The limitations on
liability provided in ORS 30.691 shall apply to an adult
participant in the circumstances listed in subsection (1)(b) of
this section if the participant, prior to riding, training,
driving, grooming or riding as a passenger upon an equine,
knowingly executes a release stating that as a condition of
participation, the participant waives the right to bring an action
against the equine professional or equine activity sponsor for any
injury or death arising out of riding, training, driving, grooming
or riding as a passenger upon the equine. A release so executed
shall be binding upon the adult participant, and no equine
professional or equine activity sponsor shall be liable in the
circumstances described in subsection (1)(b) of this section
except as provided in ORS 30.691 (2).
30.695. Effect of written release on liability of
veterinarian or farrier.
- (1) No veterinarian or farrier
shall be liable to any person who assists the veterinarian or
farrier in rendering veterinarian or farrier services to an equine
if the person, prior to assisting the veterinarian or farrier,
executes a release stating that the person rendering assistance
waives the right to bring an action against the veterinarian or
farrier for any injury or death arising out of assisting in the
provision of veterinarian or farrier services. A release so
executed shall be enforceable regardless of lack of consideration.
- (2) A release executed
pursuant to this section shall not limit the liability of a
veterinarian or farrier for gross negligence or intentional
misconduct.
30.697. Effect on workers' compensation
benefits.
- Nothing in ORS 30.687 to
30.695 shall affect the right of any person to any workers'
compensation benefits that may be payable by reason of death,
injury or other loss.
Back to Services
Page
Thank You
OREGON REVISED STATUTES
TITLE 3. REMEDIES AND SPECIAL
ACTIONS AND PROCEEDINGS CHAPTER 30. ACTIONS AND SUITS IN PARTICULAR
CASES ACTIONS ARISING OUT OF EQUINE ACTIVITIES
·
30.687. Definitions for ORS
30.687 to 30.697. For the purposes
of ORS 30.687 to 30.697:
- (1) "Equine" means a horse,
pony, mule, donkey or hinny.
- (2) "Equine activity"
means:
- (a) Equine shows, fairs,
competitions, performances or parades that involve any or all
breeds of equines and any of the equine disciplines including, but
not limited to, dressage, hunter and jumper horse shows, grand
prix jumping, three-day events, combined training, rodeos,
driving, pulling, cutting, polo, steeplechasing, endurance trail
riding and western games and
hunting;
- (b) Equine training, grooming
and teaching activities;
- (c) Boarding equines;
- (d) Riding, inspecting or
evaluating an equine belonging to another whether or not the owner
has received some monetary consideration or 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; and
- (e) Rides, trips, hunts or
other equine activities of any type however informal or impromptu
that are sponsored by an equine activity sponsor.
- (3) "Equine activity sponsor"
means an individual, group or club, partnership or corporation,
whether or not the sponsor is operating for profit or nonprofit,
that sponsors, organizes or provides the facilities for an equine
activity, including but not limited to pony clubs, 4-H clubs, hunt
clubs, riding clubs, school and college sponsored classes and
programs, therapeutic riding programs and operators, instructors,
and promoters of equine facilities, including but not limited to
stables, clubhouses, pony ride strings, fairs and arenas at which
the activity is held.
- (4) "Equine professional"
means a person engaged for compensation:
- (a) In instructing a
participant or renting to a participant an equine for the purpose
of riding, training, driving, grooming or being a passenger upon
the equine; or
- (b) In renting equipment or
tack to a participant.
- (5) "Participant" means any 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. "Participant" does not include a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive, groom or ride as a passenger upon an equine.
30.689. Policy.
- (1) It is the purpose of ORS
30.687 to 30.697 to assist courts and juries to define the
circumstances under which those persons responsible for equines
may and may not be liable for damages to other persons harmed in
the course of equine activities.
- (2) It is the policy of the
State of Oregon that no person shall be liable for damages
sustained by another solely as a result of risks inherent in
equine activity, insofar as those risks are, or should be,
reasonably obvious, expected or necessary to the person injured.
- (3) It is the policy of the State of Oregon that persons responsible for equines, or responsible for the safety of those persons engaged in equine activities, who are negligent and cause foreseeable injury to a person engaged in those activities, bear responsibility for that injury in accordance with other applicable law.
30.691. Limitations on liability; exceptions.
- (1) Except as provided in
subsection (2) of this section and in ORS 30.693, an equine
activity sponsor or an equine professional shall not be liable for
an injury to or the death of a participant arising out of riding,
training, driving, grooming or riding as a passenger upon an
equine and, except as provided in subsection (2) of this section
and ORS 30.693, no participant or participant's representative may
maintain an action against or recover from an equine activity
sponsor or an equine professional for an injury to or the death of
a participant arising out of riding, training, driving, grooming
or riding as a passenger upon an equine.
- (2)(a) The provisions of ORS
30.687 to 30.697 do not apply to any injury or death arising out
of a race as defined in ORS
462.010.
- (b) Nothing in subsection (1)
of this section shall limit the liability of an equine activity
sponsor or an equine professional:
- (A) If the equine activity
sponsor or the equine professional commits an act or omission that
constitutes willful or wanton disregard for the safety of the
participant and that act or omission caused the injury;
- (B) If the equine activity
sponsor or the equine professional intentionally injures the
participant;
- (C) Under the products
liability provisions of ORS 30.900 to 30.920; or
- (D) Under ORS 30.820 or
608.015.
30.693. Additional exceptions to limitations on liability; effect of written release.
- (1) Except as provided in
subsection (2) of this section, nothing in ORS 30.691 shall limit
the liability of an equine activity sponsor or an equine
professional if the equine activity sponsor or the equine
professional:
- (a) Provided the equipment or
tack, failed to make reasonable and prudent inspection of the
equipment or tack, and that failure was a cause of the injury to
the participant;
- (b) Provided the equine and
failed to make reasonable and prudent efforts to determine the
ability of the participant to safely ride, train, drive, groom or
ride as a passenger upon an equine, to determine the ability of
the equine to behave safely with the participant and to determine
the ability of the participant to safely manage the particular
equine; or
- (c) Owns, leases, rents or
otherwise is in lawful possession and control of the land or
facilities upon which the participant sustained injuries because
of a dangerous latent condition whichwas known to or should have
been known to the equine activity sponsor or the equine
professional and for which warning signs have not been
conspicuously posted.
- (2) The limitations on
liability provided in ORS 30.691 shall apply to an adult
participant in the circumstances listed in subsection (1)(b) of
this section if the participant, prior to riding, training,
driving, grooming or riding as a passenger upon an equine,
knowingly executes a release stating that as a condition of
participation, the participant waives the right to bring an action
against the equine professional or equine activity sponsor for any
injury or death arising out of riding, training, driving, grooming
or riding as a passenger upon the equine. A release so executed
shall be binding upon the adult participant, and no equine
professional or equine activity sponsor shall be liable in the
circumstances described in subsection (1)(b) of this section
except as provided in ORS 30.691 (2).
30.695. Effect of written release on liability of
veterinarian or farrier.
- (1) No veterinarian or farrier
shall be liable to any person who assists the veterinarian or
farrier in rendering veterinarian or farrier services to an equine
if the person, prior to assisting the veterinarian or farrier,
executes a release stating that the person rendering assistance
waives the right to bring an action against the veterinarian or
farrier for any injury or death arising out of assisting in the
provision of veterinarian or farrier services. A release so
executed shall be enforceable regardless of lack of consideration.
- (2) A release executed pursuant to this section shall not limit the liability of a veterinarian or farrier for gross negligence or intentional misconduct.
30.697. Effect on workers' compensation benefits.
- Nothing in ORS 30.687 to
30.695 shall affect the right of any person to any workers'
compensation benefits that may be payable by reason of death,
injury or other loss.
Find us at "The Big Red Barn", mile marker 147, HWY 20 East of Burns Oregon.
Call (541) 493-2232
Email: kdhalls@centurytel.net
Whinny Farms:Stallion
Station
38434 E. Hwy 20
Burns, Oregon 97720
Copyright 2007 Whinny
Farms. WARNING ! All content contained within this site is protected by
copyright laws.