Assembly set to consider modifying equine-liability statutes

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The Assembly is poised to pass on Tuesday a proposal that would add to the sorts of horse-related activities that receive immunity from civil lawsuits.

Current law provides immunity from civil liability to the organizers of various horse-related activities if a participant is killed or injured because of an inherent risk. An inherent risk is defined as any condition that comes as part and parcel of the activity itself.

That might include the unpredictability of an animal’s behavior, a collision with an object or another animal or a rider’s failure to control an animal. The immunity does not apply if the organizer of the horse-related activity willfully disregards safety, intentionally causes death, provides faulty equipment or fails to post safety and warning signs.

The proposal before lawmakers on Tuesday – Senate Bill 126 – gives immunity from civil liability to those who provide horse-assisted learning and horse-assisted psychotherapy.

The Assembly is scheduled to vote on the bill Tuesday afternoon. The proposal already passed the Senate in June, so it only needs the Assembly’s approval and Gov. Scott Walker’s signature to become law.