The Current Law protects Non-Profit equine organizations from lawsuits. We the people and equine business owners and horse lovers are requesting to be included in the current law.

PROPOSED NEW LAW:

 

 

604A.12 LIVESTOCK ACTIVITIES; IMMUNITY FROM LIABILITY.

 

Subdivision 1.Definitions.

 

(a) For purposes of this section, the following terms have the meanings given them.

 

(b) "Inherent risks of livestock activities" means dangers or conditions that are an integral part of livestock activities, including:

 

(1) the propensity of livestock to behave in ways that may result in death or injury to persons on or around them, such as kicking, biting, bucking, or charging;

 

(2) the unpredictability of livestock's reaction to things like feed or medication, sound, sudden movement, unfamiliar objects, persons, or other animals;

 

(3) natural hazards such as surface or subsurface conditions;

 

(4) collisions with other livestock or objects; or

 

(5) the potential of another participant to fail to maintain control over livestock or not act within the person’s ability.

 

(c) "Livestock" means cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies, goats, buffalo, llamas, or poultry.

 

(d) "Livestock activity" means an activity involving the maintenance or use of livestock, regardless of whether the activity is open to the general public or performed for profit or not.  Livestock activity includes:

 

(1) livestock production;

 

(2) loading, unloading, or transporting livestock;

 

(3) livestock shows, fairs, competitions, performances, races, rodeos, or parades;

 

(4) livestock training or teaching activities;

 

(5) boarding, shoeing, or grooming livestock;

 

(6) riding, training, driving or being a passenger upon livestock, whether mounted or unmounted, or assisting a participant or livestock activity sponsor;

 

(7) inspecting livestock or livestock equipment; or

 

(8) the use of state property for livestock grazing, pursuant to an agreement with the commissioner of natural resources.

 

(e) "Livestock activity sponsor" means an individual, association, group, club, organization, partnership, corporation or other entity, whether operating for profit or as a nonprofit who sponsors, organizes, or provides the facilities or livestock for a livestock activity, including a livestock professional.

 

 (f) "Participant" means a person who directly and intentionally engages in a livestock activity. Participant does not include a spectator who is in an authorized area.

 

(g) “Livestock Professional” means a person engaged in compensation for:

 

    (1) instructing a participant in or renting to a participant livestock for the purpose of engaging in a livestock activity;

 

    (2) selling or renting equipment or tack to a participant; or

 

    (3) providing veterinary or farrier services.

 

Subd. 2.Immunity from liability; livestock events.

 

A livestock activity sponsor is not liable for the death of or an injury to a participant resulting from the inherent risks of livestock activities.

 

Subd. 3.Exceptions; livestock events.

 

Subdivision 2 does not apply if any of the following exist:

 

(1) the person provided livestock for the participant and failed to make reasonable efforts to determine the ability of the participant to safely engage in the livestock activity or to determine the ability of the participant to safely manage the particular livestock based on the participant's representations of the participant's ability;

 

(2) the person provided equipment or tack for the livestock and knew or should have known that it was faulty to the extent that it caused the injury or death;

 

(3) the person owns or leases the land upon which a participant was injured or died because of a human-made dangerous latent condition and failed to use reasonable care to protect the participant;

 

(4) the person is a livestock activity sponsor and fails to comply with the notice requirement of subdivision 4; or

 

(5) the act or omission of the person was willful or gross negligence.

 

Subd. 3a.Immunity from liability; grazing on public lands.

 

(a) Any person or entity grazing livestock on state lands under an agreement with the commissioner of natural resources is not liable for damage to property or the death of or an injury to a person due to the inherent risks of livestock activities.

 

(b) This subdivision does not apply if the person or entity grazing the livestock:

 

(1) fails to exercise reasonable care in using the land for grazing or in managing the livestock; or

 

(2) maintains a condition in material violation of an agreement with the commissioner of natural resources for use of the land, and the condition contributed to the damage, death, or injury.

 

Subd. 4.Posting notice.

 

(a) A livestock activity sponsor shall post plainly visible signs at one or more prominent locations in the premises where the livestock activity takes place that include a warning of the inherent risks of livestock activity and the limitation of liability under this section.

 

(b) The commissioner of natural resources shall post plainly visible signs at one or more prominent locations on any state property being used for grazing purposes pursuant to an agreement with the commissioner. The signs shall include a warning of the inherent risks of livestock activity, and the limitations of liability provided in this section and any other applicable law.

 

The LEGISLATIVE PETITION:

 

No. _______

 

State of Minnesota

 

 

 

In Re:              Petition for                              )

 

                        Amendment of                        )

 

                        Statute 604S.12                      )                                   PETITION

 

                        Livestock Activities;               )

 

                        Immunity from Liability         )

 

 

 

To: The House of Representatives, Minnesota Senate, State of Minnesota:

 

 

 

                        The undersigned, (Insert Name Here), hereby petitions the State of Minnesota to amend Statute 604A.12 Livestock Activities; Immunity from Liability in the following manner:

 

 

 

                        First by changing the language as underlined below:

 

 

 

 

 

Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given to them.

 

 

 

(b)        “ Inherent risks of livestock activities” means to ride, train, drive, or be a passenger upon a equine, this includes wagons, whether mounted or unmounted, or to assist a participant, or livestock activity sponsor. The phrase does not mean activity by a spectator at a livestock activity, unless the spectator is improperly in an unauthorized area in immediate proximity to a livestock activity.

 

 

 

(1)        The propensity of livestock to behave in ways that may result in death or injury to persons on or around them, such as kicking, biting, bucking, or charging;

 

 

 

(2)        The unpredictability of livestock’s reaction to such things as medication; sounds; sudden movement; and unfamiliar objects, persons or other animals;

 

 

 

(3)        Natural hazards such as surface or subsurface conditions; or

 

 

 

(4)        Collisions with other livestock or objects;

 

 

 

(5)        The potential of another participant to not maintain control over the livestock or not act within the person’s ability.

 

 

 

(c)        “Livestock means”: cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies, goats, buffalo, llamas, or poultry.

 

 

 

(d)       “Livestock activity” means an activity involving the use of livestock: shows, fairs, competitions, performances, rodeo, event, or parades that involve any livestock and any of the following; driving, pulling, cutting, ranch rodeos, endurance trail riding, regardless of whether the activity is open to the general public, and , except in the case of  livestock grazing under clause (7). Livestock activity includes;

 

 

 

            (1)        Livestock production;            

 

 

 

            (2)        Loading, unloading, or transporting livestock;

 

 

 

            (3)        Livestock training or teaching activities;

 

           

 

            (4)        Boarding, shoeing, or grooming livestock;

 

 

 

            (5)        Riding or inspecting livestock or livestock equipment.

 

 

 

(6)        Or evaluating livestock belonging to another, whether or not the owner has received monetary consideration or another thing of value for the use of the equine or permits a prospective purchaser of the equine to ride, inspect, groom, or evaluate the livestock.

 

 

 

(7)        The use of state property for livestock grazing, pursuant to an agreement with the commissioner of natural resources.

 

 

 

(e)        “Livestock activity sponsor” means an individual, group, club, partnership, corporation, or other entity, whether operating for profit or nonprofit, that sponsors, organizes, or provides the facilities for a livestock activity.

 

 

 

(f)        “Participant” means a person who directly and intentionally engages in a livestock activity. Whether the person is an amateur or professional or whether the person pays for the activity or participates for free. Participant does not include a spectator who is in an authorized area. Further, a participant and spectator are deemed to assume the inherent risks of livestock activities created be livestock, and is assumed to know the range of their ability and it shall be the duty of each participant to conduct themselves within the limits of such ability.

 

 

 

(g)        “Livestock Professional” means a person engaged for compensation in:

 

 

 

(1)        Instructing a participant or renting to a participant livestock for the purpose of riding, driving, driving a passenger upon the livestock;

 

 

 

(2)        Selling or renting equipment or tack to a participant; or

 

 

 

(3)        Providing veterinary or farrier services.

 

 

 

 

 

Subd. 2. Immunity from liability; livestock events.  A livestock activity sponsor, a nonprofit corporation, association, or organization, or a person or other entity is not liable for an injury to or death of a participant engaged in a livestock activity resulting from risks inherent from livestock activities.

 

 

 

Subd. 3. Exceptions; livestock events.  Subdivision 2 does not apply if any of the following exists:

 

 

 

(1)        The person providing livestock for the participant and failed to make reasonable efforts to determine the ability of the participant to safely engage in the livestock activity or to determine the ability of the participant to safely manage the particular livestock based on the participant’s representations of the participant’s ability;

 

 

 

(2)        The person provided equipment or tack for the livestock and knew or should have known that it was faulty to the extent that it caused injury or death;

 

 

 

(3)        The person owns or leased the land upon which the participant was injured or died because of a human-made dangerous latent condition and failed to use reasonable care to protect the participant;

 

           

 

(4)        The person is a livestock activity sponsor and fails to comply with the notice requirement of subdivision 4; or

 

 

 

(5)        The act or omission of the person was willful or negligent.

 

 

 

Subd. 3a. Immunity from liability: grazing on public lands. (a) Any person or entity grazing livestock on state lands under agreement with the commissioner of natural resources in not liable for damage to property or the death of or an injury to a person due to the inherent risks of livestock activities.

 

 

 

            (b)        This subdivision does not apply if the person or entity grazing the livestock:

 

 

 

(1)        Fails to exercise reasonable care in using the land for grazing or in managing the livestock; or

 

 

 

(2)        Maintains a condition in material violation of an agreement with the commissioner of natural resources for use of the land, and the condition contributed to the damage, death, or injury.

 

 

 

Subd. 4. Posting Notice (a) a livestock activity sponsor shall post plainly visible signs at one or more prominent location in the premises where the livestock activity takes place that included a warning of the inherent risks of livestock activity and the limitation of liability under this section.

 

 

 

            (b)        The commissioner of natural resources shall post plainly visible signs at one or more prominent locations on any state property being used for grazing purposes pursuant to an agreement with the commissioner. The signs shall include a warning of the inherent risk of livestock activities, and the limitations of liability provided in this section and any other applicable law.

 

 

 

 

 

 

 

 

 

________________________

 

(Full Name Here)

 

                                                                                                            (Address, City, State, Zip)

 

 

 

No. _______

 

State of Minnesota

 

 

 

In Re:              Petition for                              )

 

                        Amendment of                        )                                   MEMORANDUM

 

                        Statute 604S.12                      )                                   IN SUPPORT

 

                        Livestock Activities;               )                                   OF PETITION

 

                        Immunity from Liability         )

 

 

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

 

 

Facts:

 

 

 

1.                  There are currently many different livestock activities going on around the state of Minnesota at any given day. For profit and nonprofit.

 

2.                  Current Minnesota law does not protect livestock activity sponsors unless they are nonprofit.

 

3.         Current Minnesota law does not protect an individual person.

 

4.         Appendix I states that there are currently 46 States that have a Livestock Activity Liability Law.

 

5.         Appendix I also states that 4 states do not have a Livestock Activity Law

 

6.         Appendix I also clearly shows that Minnesota is the only state whose Statute applies to NON PROFFIT ONLY

 

 

 

Discussions:

 

 

 

            The proposed amendment is in accord with the majority of the other states with Equine Activity Liability Law’s. Forty five (45) of the fifty states cover all livestock activities. Four States do not have any existing laws. And, Minnesota is the only state that does not protect Livestock Activity Sponsor’s unless they are nonprofit.

 

 

 

            The proposed amendment does not suggest any change in the current Statute for nonprofit organizations. Rather, it provides immunity for people, organizations, groups, clubs, partnership, corporations, or other entity, whether operating for profit or nonprofit, that sponsors, organizes, or provides the facilities for a livestock activity.

 

 

 

            Finally the purpose of this amendment is: to assist courts and juries in the defining the circumstances under which persons responsible for livestock may be found liable for damages to persons harmed in the course of livestock activities. It is the policy of the state that a person is not liable for damages sustained by another solely as a result of risks inherent in livestock activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in livestock activities. It is the policy of the state that a livestock activity sponsor or equine professional who is negligent and causes foreseeable injury to a participant bears responsibility for that injury in accordance with other applicable law

 

                                                                                            

 

 

 

_____________________

 

                                                                                                (Full Name Here)