42-11-3. Conduct not exempt from liability.
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/sd/title-42/chapter-42-11/42-11-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Nothing in this chapter prevents or limits the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or other person:
(1)Provides the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it causes the injury; or provides the animal and fails to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular animal based on the participant's representations of his ability;
(2)Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustains any injury because of a dangerous latent condition which was known to the equine activity sponsor, equine professional, or person and for which warning signs had not been conspicuously posted;
(3)Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that causes the injury;
(4)Intentionally injures the participant.