Text: HF00102 Text: HF00104 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 673.1 DEFINITIONS. 1 2 1. "Claim" means a claim, counterclaim, cross-claim, 1 3 complaint, or cause of action recognized by the Iowa rules of 1 4 civil procedure and brought in court on account of damage to 1 5 or loss of property or on account of personal injury or death. 1 6 2. "Domesticated animal" means an animal commonly or 1 7 customarily produced in this state for purposes of providing a 1 8 product, including food, leather, fur, feathers, or fiber, or 1 9 providing services related to transportation or agricultural 1 10 production, which is any of the following: 1 11 a. A mammal belonging to a species within taxonomic 1 12 families or genera, commonly referred to as bovine, caprine, 1 13 equine, ovine, or porcine. 1 14 b. Poultry belonging to an order which is domesticated, 1 15 including ducks, geese, swans, chickens, and turkeys, or an 1 16 order which has a ratite sternum, including ostriches, rheas, 1 17 and emus. 1 18 c. A mammal belonging to the taxonomic family cervidae and 1 19 classified as part of the dama species of the dama genus, or 1 20 part of the elaphus species of the cervus genus. 1 21 d. A mammal classified as a hopping lagomarphis within the 1 22 taxonomic family leporidae. 1 23 3. "Domesticated animal activity" means any of the 1 24 following: 1 25 a. Riding or driving a domesticated animal, whether 1 26 mounted or unmounted. 1 27 b. Riding as a passenger on a vehicle powered by a 1 28 domesticated animal. 1 29 c. Teaching or training a person to ride or drive a 1 30 domesticated animal or a vehicle powered by a domesticated 1 31 animal. 1 32 d. Participating in an activity sponsored by a 1 33 domesticated animal activity sponsor. 1 34 e. Participating or assisting a participant in a 1 35 domesticated animal event. 2 1 f. Managing or assisting in managing a domesticated animal 2 2 in a domesticated animal event. 2 3 g. Inspecting or assisting an inspection of a domesticated 2 4 animal for the purpose of purchase. 2 5 h. Providing hoof care including, but not limited to, 2 6 horseshoeing. 2 7 i. Providing or assisting in providing veterinary care to 2 8 a domesticated animal. 2 9 j. Boarding a domesticated animal. 2 10 k. Loading, hauling, or transporting a domesticated 2 11 animal. 2 12 l. Breeding domesticated animals. 2 13 m. Participating in racing, including horse racing at a 2 14 facility licensed for that purpose pursuant to chapter 99D. 2 15 4. "Domesticated animal activity sponsor" means a person 2 16 who owns, organizes, manages, or provides facilities for a 2 17 domesticated animal activity, including, but not limited to, 2 18 any of the following: 2 19 a. Clubs involved in riding, hunting, competing, or 2 20 performing. 2 21 b. A facility involved in horse racing and licensed 2 22 pursuant to chapter 99D. 2 23 c. Youth clubs, including 4-H clubs. 2 24 d. Educational institutions. 2 25 e. Owners, operators, instructors, and promoters of a 2 26 domesticated animal event or domesticated animal facility, 2 27 including, but not limited to, stables, boarding facilities, 2 28 clubhouses, rides, fairs, and arenas. 2 29 f. Breeding farms. 2 30 g. Training farms. 2 31 5. "Domesticated animal event" means an event in which a 2 32 domesticated animal activity occurs, including, but not 2 33 limited to, any of the following: 2 34 a. A fair. 2 35 b. A rodeo. 3 1 c. An exposition. 3 2 d. A show. 3 3 e. A competition. 3 4 f. A 4-H event. 3 5 g. A sporting event. 3 6 h. An event involving driving, pulling, or cutting. 3 7 i. Hunting. 3 8 j. An equine event or discipline including, but not 3 9 limited to, dressage, a hunter or jumper show, polo, 3 10 steeplechasing, English or western performance riding, a 3 11 western game, or trail riding. 3 12 6. "Domesticated animal professional" means a person who 3 13 receives compensation for engaging in a domesticated animal 3 14 activity by doing one of the following: 3 15 a. Instructing a participant. 3 16 b. Renting the use of a domesticated animal to a 3 17 participant for the purposes of riding, driving, or being a 3 18 passenger on a domesticated animal or a vehicle powered by a 3 19 domesticated animal. 3 20 c. Renting equipment or tack to a participant. 3 21 7. "Inherent risks of a domesticated animal activity" 3 22 means a danger or condition which is an integral part of a 3 23 domesticated animal activity, including, but not limited to, 3 24 the following: 3 25 a. The propensity of a domesticated animal to behave in a 3 26 manner that is reasonably foreseeable to result in damages to 3 27 property, or injury or death to a person. 3 28 b. Risks generally associated with an activity which may 3 29 include injuries caused by bucking, biting, stumbling, 3 30 rearing, trampling, scratching, pecking, falling, or butting. 3 31 c. The unpredictable reaction by a domesticated animal to 3 32 unfamiliar conditions, including, but not limited to, a sudden 3 33 movement; loud noise; an unfamiliar environment; or the 3 34 introduction of unfamiliar persons, animals, or objects. 3 35 d. A condition or treatment considered hazardous to the 4 1 welfare of the domesticated animal. 4 2 e. A collision by the domesticated animal with an object 4 3 or animal. 4 4 f. The failure of a participant to exercise reasonable 4 5 care, take adequate precautions, or use adequate control when 4 6 engaging in the activity, including failing to maintain 4 7 reasonable control or failing to act in a manner consistent 4 8 with the person's abilities. 4 9 8. "Participant" means a person who engages in a 4 10 domesticated animal activity, regardless of whether the person 4 11 receives compensation. A participant does not include a 4 12 person who is a spectator, unless the person is in immediate 4 13 proximity to the activity involving a domesticated animal. 4 14 Sec. 2. NEW SECTION. 673.2 LIABILITY. 4 15 1. Except as provided in this section, a participant 4 16 assumes the inherent risks of engaging in a domesticated 4 17 animal activity. A person, including a domesticated animal 4 18 professional or a domesticated animal activity sponsor, is not 4 19 liable for the damages, injury, or death suffered by a 4 20 participant resulting from the inherent risks of a 4 21 domesticated animal activity. 4 22 2. Subsection 1 does not apply to the extent a claim is 4 23 based on a defendant doing any of the following: 4 24 a. Providing a participant with equipment or tack if the 4 25 defendant knew or reasonably should have known that the 4 26 equipment or tack was defective or faulty. 4 27 b. Failing to make reasonable and prudent efforts to 4 28 determine the participant's ability to safely manage a 4 29 specific horse, based on the participant's representation of 4 30 ability. 4 31 c. Failing to notify a participant of a known dangerous 4 32 latent condition on real property in which the person holds an 4 33 interest. The notice may be made by posting a clearly visible 4 34 warning sign on the property. 4 35 d. Committing an act or omission that is not consistent 5 1 with the standard of care practiced by a person engaged in the 5 2 same type of domesticated animal activity in the same 5 3 locality, including a domesticated animal activity sponsor or 5 4 a domesticated animal activity professional. 5 5 e. Committing an act that constitutes a willful or wanton 5 6 disregard for the participant's safety. 5 7 f. Committing an act intentionally to cause damages, 5 8 injury, or death. 5 9 3. Subsection 1 does not apply to the extent that a claim 5 10 is based on a defect in the design, testing, manufacturing, 5 11 formulation, packaging, warning, or labeling of a product. 5 12 Sec. 3. NEW SECTION. 673.3 NOTICE REQUIRED. 5 13 A domesticated animal professional shall post and maintain 5 14 a sign on real property in which the professional holds an 5 15 interest, if the professional conducts domesticated animal 5 16 activities on the property. The location of the sign may be 5 17 near or on a stable, corral, or arena owned or controlled by 5 18 the domesticated animal professional. The sign must be 5 19 clearly visible to a participant. This section does not 5 20 require a sign to be posted on a domesticated animal or a 5 21 vehicle powered by a domesticated animal. The notice shall 5 22 appear in black letters a minimum of one inch high and in the 5 23 following form: 5 24 WARNING 5 25 UNDER IOWA LAW, A DOMESTICATED ANIMAL PROFESSIONAL IS NOT 5 26 LIABLE FOR DAMAGES SUFFERED BY, AN INJURY TO, OR THE DEATH OF 5 27 A PARTICIPANT RESULTING FROM THE INHERENT RISKS OF 5 28 DOMESTICATED ANIMAL ACTIVITIES, PURSUANT TO IOWA CODE CHAPTER 5 29 673. YOU ARE ASSUMING INHERENT RISKS OF PARTICIPATING IN THIS 5 30 DOMESTICATED ANIMAL ACTIVITY. 5 31 If a written contract is executed between a domesticated 5 32 animal professional and a participant involving domesticated 5 33 animal activities, the contract shall contain the same notice 5 34 in clearly readable print. In addition, the contract shall 5 35 include the following disclaimer: 6 1 A number of inherent risks are associated with a 6 2 domesticated animal activity. A domesticated animal may 6 3 behave in a manner that results in damages to property or an 6 4 injury or death to a person. Risks associated with the 6 5 activity may include injuries caused by bucking, biting, 6 6 stumbling, rearing, trampling, scratching, pecking, falling, 6 7 or butting. 6 8 The animal may act unpredictably to conditions, including, 6 9 but not limited to, a sudden movement; loud noise; an 6 10 unfamiliar environment; or the introduction of unfamiliar 6 11 persons, animals, or objects. 6 12 The animal may also react in a dangerous manner when a 6 13 condition or treatment is considered hazardous to the welfare 6 14 of the domesticated animal; a collision occurs with an object 6 15 or animal; or a participant fails to exercise reasonable care, 6 16 take adequate precautions, or use adequate control when 6 17 engaging in a domesticated animal activity, including failing 6 18 to maintain reasonable control of the animal or failing to act 6 19 in a manner consistent with the person's abilities. 6 20 EXPLANATION 6 21 This bill limits the liability of persons involved with 6 22 animals classified as domesticated animals, including 6 23 livestock and certain exotic animals. A person who 6 24 participates in an activity involving a domesticated animal is 6 25 barred from bringing a claim arising from inherent risks 6 26 associated with the activity, including the propensity of a 6 27 domesticated animal to behave in a manner that is reasonably 6 28 foreseeable to result in injury or death to a person; the 6 29 unpredictability of a domesticated animal's reaction to 6 30 unfamiliar conditions; a condition or treatment considered 6 31 hazardous to the welfare of the domesticated animal; a 6 32 collision with an object or animal; or the failure of a 6 33 participant to exercise reasonable care, take adequate 6 34 precautions, or use adequate control when engaging in an 6 35 activity involving the domesticated animal. 7 1 The bill does provide that a person may bring a claim based 7 2 on damages, injury, or death arising from special 7 3 circumstances, including the receipt of faulty equipment or 7 4 tack; a person's failure to make reasonable and prudent 7 5 efforts to determine the participant's ability to safely 7 6 manage a specific animal; the failure of a person to notify a 7 7 participant of a known dangerous latent condition on property 7 8 owned or controlled by a person; the commission of an act that 7 9 constitutes a willful or wanton disregard for the 7 10 participant's safety; the commission of an act to 7 11 intentionally cause damages, injury, or death; the commission 7 12 of an act or omission that is not consistent with the 7 13 standards of care practiced by a person engaged in the same 7 14 type of activity; or a defect in the design, testing, 7 15 manufacturing, formulation, packaging, warning, or labeling of 7 16 a product. 7 17 The bill also requires that a domesticated animal 7 18 professional must provide notice that the professional is not 7 19 liable for damages, an injury to, or the death of a person 7 20 which results from the inherent risks of activities associated 7 21 with the domesticated animal. A domesticated animal 7 22 professional is a person involved in instructing a 7 23 participant, renting the use of a domesticated animal, or 7 24 renting the use of equipment or tack relating to a 7 25 domesticated animal activity. 7 26 LSB 1608HH 76 7 27 da/jw/5
Text: HF00102 Text: HF00104 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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