August 18, 2009, 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:
Sec. 5. Section 3 does not prevent or limit the liability of
an equine activity sponsor, equine professional, or another person
if the equine activity sponsor, equine professional, or other
person does any of the following:
(a) Provides equipment or tack and knows or should know that
the equipment or tack is faulty, and the equipment or tack is
faulty to the extent that it is a proximate cause of the injury,
death, or damage.
(b) Provides an equine and fails to make reasonable and
prudent efforts to determine the ability of the participant to
engage safely in the equine activity and to determine the ability
of the participant to safely manage the particular equine. A person
shall not rely upon a participant's representations of his or her
ability unless these representations are supported by reasonably
sufficient detail.
(c) Owns, leases, rents, has authorized use of, or otherwise
is in lawful possession and control of land or facilities on which
the participant sustained injury because of a dangerous latent
condition of the land or facilities that is known to the equine
activity sponsor, equine professional, or other person and for
which warning signs are not conspicuously posted.
(d)
Commits a negligent an act or omission that constitutes a
willful and wanton disregard for the safety of the participant, and
that is a proximate cause of the injury, death, or damage.