Horse Law
STATE OF NEW JERSEY
SENATE, No. 282
P.L. 1997, CHAPTER 287, approved January 8, 1998
AN ACT concerning the responsibilities and liabilities of individuals involved in equestrian
activities and supplementing Title 5 of the Revised Statutes.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1. a. The Legislature finds and declares that equine animal activities are practiced by a large
number of citizens of this State; that equine animal activities attract large numbers of
nonresidents to the State; that those activities significantly contribute to the economy of this
State; and that horse farms are a major land use which preserves open space.
The Legislature further finds and declares that equine activities involve risks that are essentially
impractical or impossible for the operator to eliminate; and that those risks must be born by those
who engage in those activities.
The Legislature therefore determines that the allocation of the risks and costs of equine animal
activities is an important matter of public policy and it is appropriate to state in law those risks
that the participant voluntarily assumes for which there can be no recovery.
2. As used in this act:
"EQUESTRIAN AREA" means all of the real and personal property under the control of the
operator or on the premises of the operator which are being occupied, by license, lease, fee
simple or otherwise, including but not limited to designated trail areas, designated easements or
rights of way for access to trails, and other areas utilized for equine animal activities.
"EQUINE ANIMAL" means a horse, pony, mule or donkey.
"EQUINE ANIMAL ACTIVITY" means any activity that involves the use of an equine animal
and shall include selling equipment and tack; transportation, including the loading and offloading,
for travel to or from a horse show or trail system; inspecting, or evaluating an equine
animal belonging to another person whether or not the person has received compensation;
placing or replacing shoes on an equine animal; and veterinary treatment on an equine animal.
"INHERENT RISK OR RISKS of an equine animal activity" means those dangers which are an
integral part of equine animal activity, which shall include but need not be limited to:
a. The propensity of an equine animal to behave in ways that result in injury, harm, or death to
nearby persons:
b. The unpredictability of an equine animal's reaction to such phenomena as sounds, sudden
movement, and unfamiliar objects, persons or other animals:
c. Certain natural hazards, such as surface or subsurface ground conditions:
d. Collisions with other equine animals or with objects and:
e. The potential of a participant to act in a negligent manner that may contribute to injury to the
participant or others, including but not limited to failing to maintain control over the equine
animal or not acting within the participant's ability.
"OPERATOR" means a person or entity who owns, manages, controls or directs the operation of
an area where individuals engage in equine activities whether or not compensation is paid.
"Operator" shall also include an agency of this State, political subdivisions thereof or
instrumentality of said entities, or any individual or entity acting on behalf of an operator for all
or part of such activities.
"PARTICIPANT" is any person whether an amateur or professional, engaging in an equine
animal activity, whether or not a fee is paid to engage in the equine animal activity or, if a minor,
the natural guardian, or trainer, of that person in loco parentis, and shall include anyone
accompanying the participant, or any person coming onto the property of the provider of equine
animal activities or equestrian area whether or not an invitee or person pays consideration.
"SPECTATOR" means a person who is present in an equestrian area for the purpose of
observing equine animal activities whether or not an invitee.
3. A participant and spectator are deemed to assume the inherent risks of equine animal activities
created by equine animals, weather conditions, conditions of trails, riding rings, training tracks,
equestrians, and all inherent conditions. Each participant is assumed to know the range of his
ability and it shall be the duty of each participant to conduct himself within the limits of such
ability to maintain control of his equine animal, and to refrain from acting in a manner which
may cause or contribute to the injury of himself or others, loss or damage to person or property,
or death which results from participation in an equine animal activity.
4. A participant or a spectator shall not engage in, attempt to engage in, or interfere with, an
equine animal activity if he is knowingly under the influence oa any alcoholic beverage as
defined in R.S. 33:1-1 or under the influence of any prescription, legend drug or controlled
dangerous substance as this term is defined in P.L.1970, c.226 (C.24:21-1 et seq.), or any other
substance that affects the individual's ability to safely engage in the equine animal activity and
abide by the posted and stated instructions. The operator may prevent a participant or a spectator
who is preceptibly or apparently under the influence of drugs or alcohol, from engaging in, or
interfering with, an equine animal activity orbeing in an equestrian area. An operator who
prevents a participant or a spectator from engaging in, or interfering with, an equine animal
activity, or being in an equestrian area in accordance with this section shall not be criminally or
civilly liable in any manner or to any extent whatsoever if the operator has a reasonable basis for
believing that the participant or spectator is under the influence of drugs or alcohol.
5. The assumption of risk set forth in section 3 of this act shall be a complete bar of suit and shall
serve as a complete defense to a suit against an operator by a participant for injuries resulting
from the assumed risks, notwithstanding the provisions of P.L.1973, c.146(C.2a:15-5.1 et seq.)
relating to comparative negligence. Failure of the participant to conduct himself within the limits
of his abilities as provided in section 3 of this act shall bar suit against an operator to compensate
for injuries resulting from equine animal activities, where such failure is found to be a
contributory factor in the resulting injury.
6. a. As a precondition to bringing any suit in connection with an participant injury against an
operator, a participant shall submit a written report to the operator setting forth all details of any
accident or incident as soon as possible, but in no event longer than 180 days from the time of
the incident giving rise to the suit.
b. The report shall include at least the following: the participant's name, address, brief
description of the accident or incident, location, of the accident or incident, the alleged cause of
the accident or incident, the names of any other persons involved in the accident or incident and
witnesses, if any. If it is not practicable to submit the report within 180 days because of severe
physical disability resulting from a participant accident or incident, the report shall be given as
soon as practicable. This section is not applicable with respect to an equestrian area unless the
operator conspicuously posts notice to participants of the requirements of the section.
c. A participant who fails to give the report within 180 days from the time of the accident or
incident may be permitted to submit the report at any time within one year after the accident or
incident, if in the discretion of a judge of the Superior Court, the operator is not substantially
prejudiced thereby. Application to the court for permission to give a late report shall be made
upon motion based on affidavits showing sufficient reasons for the participant's failure to give
the report within 180 days from the time of the accident or incident.
7. Notwithstanding, any provision of this act, or any other law to the contrary, an action for
injury or death against an operator, an equestrian area or its employees or owner, whether based
upon tort or breach of contract or otherwise arising out of equine animal activities shall be
commenced no later than two years after the occurrence of the incident or earliest of incidents
giving rise to the cause of action.
8. If an participant accident or incident, or an action based upon an equine animal activity or
incident, involves a minor, the time limits set forth in sections 5 and 6 of this act shall not begin
to run against the minor until the minor reaches the age of majority; unless there was present to
approve conditions and riding ability a person standing in loco parentis, who made these
decisions for the minor in activities including but not limited to horse shows, trying a horse for
sale, riding lessons, trail rides, and demonstrations.
9. Notwithstanding any provisions of sections 3 and 4 of this act to the contrary, the following
actions or lack thereof, on the part of operators shall be exceptions to the limitation on liability
for operators.
a. Knowingly providing equipment or tack that is faulty to the extent that it caused or contributes
to injury:
b. Failure to make reasonable and prudent efforts to determine the participant's ability to safely
manage the particular equine animal, based on the participant's representation of his ability, or
the representation of the guardian, or trainer that person in loco parentis, if a minor.
c. A case in which the participant is injured or killed by a known dangerous latent condition on
property owned or controlled by the equine animal activity operator and for which warning signs
have not been posted.
d. An act or omission on the part of the operator that constitutes negligent disregard for the
participant's safety, which act or omission causes the injury; and
e. Intentional injuries to the participant caused by the operator.
10. All operators shall post and maintain signs on all lands owned or leased thereby and used for
equine activities, which signs shall be posted in a manner that makes them visible to all
participants and which shall contain the following notice in large capitalized print:
"WARNING UNDER NEW JERSEY LAW, AN EQUESTRIAN AREA OPERATOR IS NOT
LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE
ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ANIMAL
ACTIVITIES, PURSUANT TO P.L.1997, c. 287 (C.5:15-1 et seq.)(now before the Legislature
as this Bill)."
Individuals or entities providing equine animal activities on behalf of an operator, and not the
operator, shall be required to post and maintain signs required by this section.
11. The provisions of this act are *****ulative with the defenses available to a public entity or
public employee under the "New Jersey Tort Claims Act", N.J.S.59:1-1 et seq..
12. This act does not apply to the horse racing industry.
13. This act shall take effect immediately.
STATEMENT
Establishes certain responsibilities of participants in equestrian activities and the rights of
equestrian area operators.
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