Text: HF00131 Text: HF00133 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 132
1 2
1 3 AN ACT
1 4 RELATING TO THE LIABILITY OF PERSONS INVOLVED IN DOMESTICATED
1 5 ANIMAL ACTIVITIES.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. NEW SECTION. 673.1 DEFINITIONS.
1 10 1. "Claim" means a claim, counterclaim, cross-claim,
1 11 complaint, or cause of action recognized by the Iowa rules of
1 12 civil procedure and brought in court on account of damage to
1 13 or loss of property or on account of personal injury or death.
1 14 2. "Domesticated animal" means an animal commonly referred
1 15 to as a bovine, swine, sheep, goat, domesticated deer, llama,
1 16 poultry, rabbit, horse, pony, mule, jenny, donkey, or hinny.
1 17 3. "Domesticated animal activity" means any of the
1 18 following:
1 19 a. Riding or driving a domesticated animal.
1 20 b. Riding as a passenger on a vehicle powered by a
1 21 domesticated animal.
1 22 c. Teaching or training a person to ride or drive a
1 23 domesticated animal or a vehicle powered by a domesticated
1 24 animal.
1 25 d. Participating in an activity sponsored by a
1 26 domesticated animal activity sponsor.
1 27 e. Participating or assisting a participant in a
1 28 domesticated animal event.
1 29 f. Managing or assisting in managing a domesticated animal
1 30 in a domesticated animal event.
1 31 g. Inspecting or assisting an inspection of a domesticated
1 32 animal for the purpose of purchase.
1 33 h. Providing hoof care including, but not limited to,
1 34 horseshoeing.
1 35 i. Providing or assisting in providing veterinary care to
2 1 a domesticated animal.
2 2 j. Boarding or keeping a domesticated animal, by the owner
2 3 of the domesticated animal or on behalf of another person.
2 4 k. Loading, hauling, or transporting a domesticated
2 5 animal.
2 6 l. Breeding domesticated animals.
2 7 m. Participating in racing.
2 8 n. Showing or displaying a domesticated animal.
2 9 4. "Domesticated animal activity sponsor" means a person
2 10 who owns, organizes, manages, or provides facilities for a
2 11 domesticated animal activity, including, but not limited to,
2 12 any of the following:
2 13 a. Clubs involved in riding, hunting, competing, or
2 14 performing.
2 15 b. Youth clubs, including 4-H clubs.
2 16 c. Educational institutions.
2 17 d. Owners, operators, instructors, and promoters of a
2 18 domesticated animal event or domesticated animal facility,
2 19 including, but not limited to, stables, boarding facilities,
2 20 clubhouses, rides, fairs, and arenas.
2 21 e. Breeding farms.
2 22 f. Training farms.
2 23 5. "Domesticated animal event" means an event in which a
2 24 domesticated animal activity occurs, including, but not
2 25 limited to, any of the following:
2 26 a. A fair.
2 27 b. A rodeo.
2 28 c. An exposition.
2 29 d. A show.
2 30 e. A competition.
2 31 f. A 4-H event.
2 32 g. A sporting event.
2 33 h. An event involving driving, pulling, or cutting.
2 34 i. Hunting.
2 35 j. An equine event or discipline including, but not
3 1 limited to, dressage, a hunter or jumper show, polo,
3 2 steeplechasing, English or western performance riding, a
3 3 western game, or trail riding.
3 4 6. "Domesticated animal professional" means a person who
3 5 receives compensation for engaging in a domesticated animal
3 6 activity by doing one of the following:
3 7 a. Instructing a participant.
3 8 b. Renting the use of a domesticated animal to a
3 9 participant for the purposes of riding, driving, or being a
3 10 passenger on a domesticated animal or a vehicle powered by a
3 11 domesticated animal.
3 12 c. Renting equipment or tack to a participant.
3 13 7. "Inherent risks of a domesticated animal activity"
3 14 means a danger or condition which is an integral part of a
3 15 domesticated animal activity, including, but not limited to,
3 16 the following:
3 17 a. The propensity of a domesticated animal to behave in a
3 18 manner that is reasonably foreseeable to result in damages to
3 19 property, or injury or death to a person.
3 20 b. Risks generally associated with an activity which may
3 21 include injuries caused by bucking, biting, stumbling,
3 22 rearing, trampling, scratching, pecking, falling, kicking, or
3 23 butting.
3 24 c. The unpredictable reaction by a domesticated animal to
3 25 unfamiliar conditions, including, but not limited to, a sudden
3 26 movement; loud noise; an unfamiliar environment; or the
3 27 introduction of unfamiliar persons, animals, or objects.
3 28 d. A collision by the domesticated animal with an object
3 29 or animal.
3 30 e. The failure of a participant to exercise reasonable
3 31 care, take adequate precautions, or use adequate control when
3 32 engaging in the activity, including failing to maintain
3 33 reasonable control or failing to act in a manner consistent
3 34 with the person's abilities.
3 35 8. "Participant" means a person who engages in a
4 1 domesticated animal activity, regardless of whether the person
4 2 receives compensation.
4 3 9. "Spectator" means a person who is in the vicinity of a
4 4 domesticated animal activity, but who is not a participant.
4 5 Sec. 2. NEW SECTION. 673.2 LIABILITY.
4 6 A person, including a domesticated animal professional,
4 7 domesticated animal activity sponsor, the owner of the
4 8 domesticated animal, or a person exhibiting the domesticated
4 9 animal, is not liable for the damages, injury, or death
4 10 suffered by a participant or spectator resulting from the
4 11 inherent risks of a domesticated animal activity. This
4 12 section shall not apply to the extent that the claim for
4 13 damages, injury, or death is caused by any of the following:
4 14 1. An act committed intentionally, recklessly, or while
4 15 under the influence of an alcoholic beverage or other drug or
4 16 a combination of such substances which causes damages, injury,
4 17 or death.
4 18 2. The use of equipment or tack used in the domesticated
4 19 animal activity which the defendant provided to a participant,
4 20 if the defendant knew or reasonably should have known that the
4 21 equipment or tack was faulty or defective.
4 22 3. The failure to notify a participant of a dangerous
4 23 latent condition on real property in which the defendant holds
4 24 an interest, which is known or should have been known. The
4 25 notice may be made by posting a clearly visible warning sign
4 26 on the property.
4 27 4. A domesticated animal activity which occurs in a place
4 28 designated or intended by an animal activity sponsor as a
4 29 place for persons who are not participants to be present.
4 30 5. A domesticated animal activity which causes damages,
4 31 injury, or death to a spectator who is in a place where a
4 32 reasonable person who is alert to inherent risks of domestic
4 33 animal activities would not expect a domesticated animal
4 34 activity to occur.
4 35 Sec. 3. NEW SECTION. 673.3 NOTICE REQUIRED.
5 1 A domesticated animal professional shall post and maintain
5 2 a sign on real property in which the professional holds an
5 3 interest, if the professional conducts domesticated animal
5 4 activities on the property. The location of the sign may be
5 5 near or on a stable, corral, or arena owned or controlled by
5 6 the domesticated animal professional. The sign must be
5 7 clearly visible to a participant. This section does not
5 8 require a sign to be posted on a domesticated animal or a
5 9 vehicle powered by a domesticated animal. The notice shall
5 10 appear in black letters a minimum of one inch high and in the
5 11 following form:
5 12 WARNING
5 13 UNDER IOWA LAW, A DOMESTICATED ANIMAL PROFESSIONAL IS NOT
5 14 LIABLE FOR DAMAGES SUFFERED BY, AN INJURY TO, OR THE DEATH OF
5 15 A PARTICIPANT RESULTING FROM THE INHERENT RISKS OF
5 16 DOMESTICATED ANIMAL ACTIVITIES, PURSUANT TO IOWA CODE CHAPTER
5 17 673. YOU ARE ASSUMING INHERENT RISKS OF PARTICIPATING IN THIS
5 18 DOMESTICATED ANIMAL ACTIVITY.
5 19 If a written contract is executed between a domesticated
5 20 animal professional and a participant involving domesticated
5 21 animal activities, the contract shall contain the same notice
5 22 in clearly readable print. In addition, the contract shall
5 23 include the following disclaimer:
5 24 A number of inherent risks are associated with a
5 25 domesticated animal activity. A domesticated animal may
5 26 behave in a manner that results in damages to property or an
5 27 injury or death to a person. Risks associated with the
5 28 activity may include injuries caused by bucking, biting,
5 29 stumbling, rearing, trampling, scratching, pecking, falling,
5 30 or butting.
5 31 The domesticated animal may act unpredictably to
5 32 conditions, including, but not limited to, a sudden movement;
5 33 loud noise; an unfamiliar environment; or the introduction of
5 34 unfamiliar persons, animals, or objects.
5 35 The domesticated animal may also react in a dangerous
6 1 manner when a condition or treatment is considered hazardous
6 2 to the welfare of the animal; a collision occurs with an
6 3 object or animal; or a participant fails to exercise
6 4 reasonable care, take adequate precautions, or use adequate
6 5 control when engaging in a domesticated animal activity,
6 6 including failing to maintain reasonable control of the animal
6 7 or failing to act in a manner consistent with the person's
6 8 abilities.
6 9
6 10
6 11
6 12 RON J. CORBETT
6 13 Speaker of the House
6 14
6 15
6 16
6 17 MARY E. KRAMER
6 18 President of the Senate
6 19
6 20 I hereby certify that this bill originated in the House and
6 21 is known as House File 132, Seventy-seventh General Assembly.
6 22
6 23
6 24
6 25 ELIZABETH ISAACSON
6 26 Chief Clerk of the House
6 27 Approved , 1997
6 28
6 29
6 30
6 31 TERRY E. BRANSTAD
6 32 Governor
Text: HF00131 Text: HF00133 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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