(745 ILCS 47/1)
Sec. 1.
Short title.
This Act may be cited as the Equine Activity Liability Act.
(Source: P.A. 89-111, eff. 7-7-95.)
(745 ILCS 47/5)
Sec. 5.
Purposes.
The General Assembly recognizes that persons who
participate in equine activities may incur injuries as a result of the
risks involved in those activities. The General Assembly also finds that
the State and its citizens derive numerous economic and personal benefits
from equine activities. Therefore, it is the intent of the General
Assembly to encourage equine activities by delineating the responsibilities of
those involved in equine activities.
(Source: P.A. 89-111, eff. 7-7-95.)
(745 ILCS 47/10)
Sec. 10.
Definitions.
As used in this Act:
(a) "Engages in an equine activity" means riding, training, assisting in
medical treatment of, driving, or being a passenger upon an equine, whether
mounted or unmounted, or assisting a participant. The
term "engages in an equine activity" does not include being a spectator at
an equine activity, except in cases where the spectator places himself in
an unauthorized area and in immediate proximity to the equine activity.
(b) "Equine" means a horse, pony, mule, donkey, or hinny.
(c) "Equine activity" means:
(d) "Equine activity sponsor" means an individual, group, club,
partnership, or corporation, whether or not the sponsor is operating for
profit or nonprofit, that sponsors, organizes, or provides the facilities
for an equine activity, including, but not limited to, pony clubs, 4-H
clubs, hunt clubs, riding clubs, school and college sponsored classes,
programs and activities, therapeutic riding programs, and operators,
instructors, and promoters of equine facilities, including, but not limited
to, stables, clubhouses, pony ride strings, fairs, and arenas at which the
activity is held.
(e) "Equine professional" means a person engaged for compensation
(i) in instructing a participant or renting to a participant an equine
for the purpose of riding, driving, or being a passenger upon the equine, or
(ii) in renting equipment or tack to a participant.
(f) "Risks of engaging in equine activities" means those dangers of
conditions that are an integral part of equine activities, including, but not
limited to:
(g) "Participant" means any person, whether amateur or professional, who
engages in an equine activity, whether or not a fee is paid to participate
in the equine activity.
(Source: P.A. 89-111, eff. 7-7-95.)
(745 ILCS 47/15)
Sec. 15.
Participant's responsibility.
It is recognized that equine activities are hazardous to participants,
regardless of all feasible safety measures that can be taken.
Each participant who engages in an equine activity expressly assumes the
risk of and legal responsibility for injury, loss, or damage to the participant
or the participant's property that results from participating in an equine
activity, except in specific situations as set forth in Section 20, when the
equine activity sponsor or equine professional may be held responsible. Each
participant shall have sole individual responsibility for knowing the
range of his or her own ability to manage, care for, and control a
particular horse or perform a particular equine activity, and it shall be
the duty of each participant to act within the limits of the participant's
own ability, to maintain reasonable control of the particular horse or
horses at all times while participating in an equine activity, to heed all
posted warnings, to perform equine activities only in an area or in
facilities designated by the horseman, and to refrain from acting in a
manner that may cause or contribute to the injury of anyone.
Each participant, or parent or guardian of a minor participant, may execute a
release assuming responsibility for the risks of engaging in equine activities.
The release shall give notice to the participant, or parent or guardian, of
the risks of engaging in
equine activities, including (i) the propensity of an equine to behave in
dangerous ways that may result in injury to the participant, (ii) the
inability to predict an equine's reaction to sound, movements, objects,
persons, or animals, and (iii) the hazards of surface or subsurface conditions.
A release shall remain valid until expressly revoked by the participant
or, if a minor, the parent or guardian.
(Source: P.A. 89-111, eff. 7-7-95.)
(745 ILCS 47/20)
Sec. 20.
Exceptions.
(a) This Act shall not apply to the horse racing industry as regulated
in the Illinois Horse Racing Act of 1975.
(b) Except as provided in Section 15, nothing in this Act shall prevent or
limit the liability of an
equine activity sponsor, an equine professional, or any other person if the
equine activity sponsor, equine professional, or person:
(c) Nothing in this Act shall prevent or limit the liability of an
equine activity sponsor or an equine professional:
(Source: P.A. 89-111, eff. 7-7-95.)
(745 ILCS 47/25)
Sec. 25.
Warning.
(a) Every equine professional shall post and maintain signs that contain
the warning notice specified in subsection (b) of this Section. Signs
shall be placed in a clearly visible location on or near stables, corrals,
or arenas where the equine professional conducts equine activities if the
stables, corrals, or arenas are owned, managed, or controlled by the equine
professional. The warning notice specified in subsection (b) shall appear
on the sign in black letters, with each letter to be a minimum of one inch
in height. Every written contract entered into by an equine professional
or the providing of professional services, instruction, or the rental of
equipment or tack or an equine to a participant, whether or not the
contract involves equine activities on or off the location or site of the
equine professional's business, shall contain in clearly readable print the
warning notice specified in subsection (b).
(b) The signs and contracts described in subsection (a) shall contain
the following warning notice:
(Source: P.A. 89-111, eff. 7-7-95.)
(745 ILCS 47/905)
Sec. 905.
(Amendatory provisions; text omitted).
(Source: P.A. 89-111, eff. 7-7-95.)
(745 ILCS 47/999)
Sec. 999.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 89-111, eff. 7-7-95.)
Structure Illinois Compiled Statutes
Chapter 745 - CIVIL IMMUNITIES
745 ILCS 5/ - State Lawsuit Immunity Act.
745 ILCS 10/ - Local Governmental and Governmental Employees Tort Immunity Act.
745 ILCS 15/ - County Engineer and Highway Superintendent Liability Act.
745 ILCS 19/ - Public and Appellate Defender Immunity Act.
745 ILCS 22/ - Federal Law Enforcement Officer Immunity Act.
745 ILCS 25/ - Tort Liability of Schools Act.
745 ILCS 35/ - Alcoholism and Drug Addiction Intervenor and Reporter Immunity Law.
745 ILCS 38/ - Baseball Facility Liability Act.
745 ILCS 40/ - Blood and Organ Transaction Liability Act.
745 ILCS 41/ - Bowling Center Act.
745 ILCS 43/ - Illinois Commonsense Consumption Act.
745 ILCS 45/ - Communicable Disease Report Act.
745 ILCS 46/ - Employment Record Disclosure Act.
745 ILCS 47/ - Equine Activity Liability Act.
745 ILCS 48/ - Illinois Financial Institutions Year 2000 Safety and Soundness Act.
745 ILCS 49/ - Good Samaritan Act.
745 ILCS 50/ - Good Samaritan Food Donor Act.
745 ILCS 51/ - Good Samaritan Medical Equipment Donor Act.
745 ILCS 52/ - Hockey Facility Liability Act.
745 ILCS 54/ - Interscholastic Association Defamation Act.
745 ILCS 55/ - Long-term Care Peer Review and Quality Assessment and Assurance Protection Act.
745 ILCS 60/ - Real Estate Investment Trust Act.
745 ILCS 65/ - Recreational Use of Land and Water Areas Act.
745 ILCS 67/ - State of Illinois Recreational Use of Leased Land Act.
745 ILCS 70/ - Health Care Right of Conscience Act.
745 ILCS 72/ - Roller Skating Rink Safety Act.