Indiana and Illinois’ Equine Activity Statutes
Indiana and Illinois both have statutory law that provides certain persons, including equine sponsors and professionals, are immune from liability for the death or injury of a participant resulting from the inherent risk of equine activity. This law in the Hoosier state is known as Indiana’s Equine Activity Statute (I.C. 34-31-5-3) and in Illinois is the Equine Activity Liability Act (I.L. st. ch. 745 sec. 47/1 et. al.) Both Indiana and Illinois’ Equine Activity Statutes contain several key terms that are critical to determining whether one is afforded immunity or falls outside the protection of these laws. Additionally, both statutes contain a threshold test that must be met to determine whether the afforded protection applies. That threshold tests centers around specific signage that must be present and properly displayed.
Indiana’s Equine Activity Statute requires, as a condition precedent to immunity, that an equine sponsor must post and maintain warning signage in at least one (1) location “...on the grounds or in the building that is the site of the equine activity...” (I.C. 34-31-5-3(a)). Additionally, the signage “...must be placed in a clearly visible location in proximity to the equine activity...” and further the signage must state the following:
Under Indiana law, an equine professional is not liable for injury to, or the death of, a participant in equine activities resulting from the inherent risk of equine activities. (I.C. 34-31-5-5).
Similarly, Illinois’ Equine Activity Liability Act requires signs be placed in clearly visible locations on or near stables, corrals, or arenas where equine professionals conduct equine activities if the stables, corrals, or arenas are owned, managed, or controlled by the equine professional. Additionally, the required warning signage must be displayed using black letters each at a minimum of one inch in height. Illinois law requires, unlike its Indiana counterpart, this specific warning language be used in every written contract entered into by an equine professional for equine services, instruction, or the rental of equipment or tack by one participating in equine activity whether or not the anticipated activity will take place on or off site of the equine professional’s facility. The Illinois Equine Activity Liability Statute requires the following warning language.
Under the Equine Activity Liability Act, each participant who engages in equine activity expressly assumes the risk of engaging in and legal responsibility for injury, loss, or damage to personal property resulting from the risk of equine activity. (I.L. st. ch. 47/25).
If the proper signage was displayed, as required by the statute, the next question is whether the injury or death resulted from an “inherent risk of equine activity.” If it did, then it is likely there will be immunity for the equine professional or sponsor. If it did not, then the statute or immunity will likely not apply. Specifically, Indiana’s Equine Activity Statute states “subject to Section 2 of this chapter, an equine activity sponsor or equine professional is not liable for: (1) an injury to a participant; or (2) the death of a participant resulting from an inherent risk of equine activity (I.C. 34-31-5-5 (a)). Equine activity, pursuant to Indiana’s Equine Activity Statute, is defined as: “...an equine show, fair, competition, performance or parade that involves equine...” (I.C. 34-6-2-41(c)). The Illinois Equine Activity Liability Act provides a slightly different definition of equine activity. Under Illinois law, an equine activity is defined as:
(1) equine shows, fairs, competitions, performances or parades that involve any and all breeds of equine and any of the equine disciplines, including but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, 3 day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and Western performance riding, endurance, trail riding and western games, and hunting; (2) equine training activities, teaching activities, teaching activities, or both; (3) boarding equine; (4) 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 perspective purchaser of the equine to ride, inspect or evaluate the equine; (5) rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (6) placing or replacing horseshoes on an equine. (IL ST CH 745 § 47/10)
The next term that is key to understanding the Equine Activity Statues is “equine activity sponsor” and/or the “equine professional.” Indiana defines an equine activity sponsor as one who: “...sponsors, organizes or provides the facility for equine activities...” (I.C. 34-6-2-42). Illinois’ Act defines an equine activity sponsor as: “...an individual, group, club, partnership or cooperation, whether or not the sponsor is operating for profit or non-profit, 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, programs and activities, 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 activities is held...” (IL. ST. CH. 745 § 47/10). Additionally, Illinois’ Act defines an equine professional as one who: “...is engaged for compensation instructing or renting to a participant an equine for purposes of riding, driving or being a passenger upon the equine, or in renting equipment or tack to a participant...” (IL. ST. CH. 745 § 47/10(e))
Interestingly, both Indiana’s Statute and Illinois’ Act define “inherent risk of equine activity” precisely the same. Both define the inherent risk of equine activity as follows:
(1) the propensity of an equine to behave that may result in injury, harm, or death to the person(s) on or around the equine; (2) the unpredictability of an equine’s reaction to such things as sound, sudden movement, unfamiliar objects, people or other animals; (3) hazards such as surface or sub-surface conditions; (4) collisions with other equine or objects; (5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, for failing to maintain control of the animal or not acting within the participant’s ability. (I.C. 34-6-2-69) (IL ST. CH. 74/10(f)(1-5)).
Even if the threshold test regarding notice and signage is met and one is injured in an equine activity and as a result of an inherent risk relative to that activity, an equine professional or sponsor does not have absolute immunity from liability under either Indiana or Illinois law. In fact, both Indiana and Illinois have exceptions to their Equine Activity Statutes. These exceptions, interestingly, are nearly identical. Both State Equine Activity Statutes do not prevent or limit liability of an equine activity sponsor or professional when that sponsor or professional displays a willful and wanton or intentional disregard for the safety of the participant or if he or she fails to make reasonable and prudent efforts to ensure the safety of the participant. In addition, an equine professional or activity sponsor will be held liable for an injury of an equine activity participant if he or she is injured on the land or at the facility due to a dangerous latent condition of which was known to the equine sponsor or professional or should have been known to the equine sponsor or professional or other person. Finally, both States’ laws provide for liability of an equine sponsor or professional who commits an act or admission that constitutes a reckless disregard for the safety of the participant and causes injury or who intentionally injures a participant. Despite all of these similarities, there is one distinct difference between Indiana’s Equine Activity Statute and the corresponding Illinois Equine Activity Statute. That difference is that Illinois Equine Activity Liability Act has, as an additional exception, the following: “This Act shall not apply to the horse racing industry as regulated in the Illinois Horse Racing Act of 1975”. (IL ST CH 745 § 47/20(a))
The General Assembly in both
Illinois and Indiana have enacted Equine Activity Statutes in an
effort to recognize that persons who participate in equine
activities may well incur injury and/or suffer death as a result of
the risk involved in those activities. The legislative history of
both the Indiana and Illinois Statutes/Acts reflect that both
General Assemblies have concluded that their citizenry derives
economic and personal benefits from equine activity. As such, it is
clear from the legislative history that one of the
objectives/intentions of this legislation is to encourage equine
activity by delineating the responsibility of those both involved in
participating in the activities. While the legislative intent is
well reasoned and does provide protection for equine professionals
and sponsors, assuming the threshold test is met and resulting
activity is from an inherent risk not excluded under the Statue/Act,
the devil is often in the detail. The safest approach to avoiding
the uncertainty and anxiety of potential litigation and resulting
risk is to understand and comply with that state’s Equine Activity
Statute by displaying, as required, the appropriate signage and
safeguarding against being placed in one of the exceptions under the
Statute or Act. By doing so, those in the Equine industry are
afforded the “shield” the legislatures in Indiana and Illinois
intended in passing their respective Equine Activity Statues
Peter Sacopulos owns and operates Green Gables Stud, Clay County, Ind., with his wife, Melony. Peter and Melony’s daughters, Ali and Olivia, assist in the business. In addition, Peter Sacopulos is an Attorney practicing law in Terre Haute, Ind. with the firm of Sacopulos, Johnson & Sacopulos. Representing clients with equine legal issues is a growing part of his practice.