Bill Text: MI SB0738 | 2009-2010 | 95th Legislature | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-08-18 - Referred To Committee On Judiciary [SB0738 Detail]

Download: Michigan-2009-SB0738-Introduced.html

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SENATE BILL No. 738

 

 

August 18, 2009, Introduced by Senator McMANUS and referred to the Committee on Judiciary.

 

 

 

     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

 

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 and wanton disregard for the safety of the participant, and

 

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