Bill Text: MI HB4175 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Torts; liability; liability of persons under equine activity liability act; limit to willful or wanton acts under certain circumstances. Amends sec. 5 of 1994 PA 351 (MCL 691.1665).

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2015-07-14 - Assigned Pa 87'15 With Immediate Effect [HB4175 Detail]

Download: Michigan-2015-HB4175-Engrossed.html

---

HB-4175, As Passed House, April 21, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4175

 

February 10, 2015, Introduced by Reps. Johnson, Goike and Rendon and referred to the Committee on Agriculture.

 

     A bill to amend 1994 PA 351, entitled

 

"Equine activity liability act,"

 

by amending section 5 (MCL 691.1665).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. Section 3 does not prevent or limit the liability of

 

an equine activity sponsor, equine professional, or another person

 

if the equine activity sponsor, equine professional, or other

 

person does any of the following:

 

     (a) Provides equipment or tack and knows or should know that

 

the equipment or tack is faulty, and the equipment or tack is

 

faulty to the extent that it is a proximate cause of the injury,

 

death, or damage.

 

     (b) Provides an equine and fails to make reasonable and

 

prudent efforts to determine the ability of the participant to

House Bill No. 4175 as amended April 16, 2015

 

engage safely in the equine activity and to determine the ability

 

of the participant to safely manage the particular equine. A person

 

shall not rely upon a participant's representations of his or her

 

ability unless these representations are supported by reasonably

 

sufficient detail.

 

     (c) Owns, leases, rents, has authorized use of, or otherwise

 

is in lawful possession and control of land or facilities on which

 

the participant sustained injury because of a dangerous latent

 

condition of the land or facilities that is known to the equine

 

activity sponsor, equine professional, or other person and for

 

which warning signs are not conspicuously posted.

 

     (d) Commits a negligent an act or omission that constitutes a

 

willful or wanton disregard for the safety of the participant, and

 

that is a proximate cause of the injury, death, or damage.

     [Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.]