Bill Text: MI HB4175 | 2015-2016 | 98th Legislature | Enrolled
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-Enrolled.html
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2015
Introduced by Reps. Johnson, Goike and Rendon
ENROLLED HOUSE BILL No. 4175
AN ACT to amend 1994 PA 351, entitled “An act to regulate civil liability related to equine activities; and to prescribe certain duties for equine professionals,” 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 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) If the person is an equine activity sponsor or equine professional, commits 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.
(e) If the person is not an equine activity sponsor or equine professional, commits a negligent act or omission that constitutes 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.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
