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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