Montana Code Annotated
Part 7. Liability
27-1-726. Definitions

27-1-726. Definitions. As used in 27-1-725 through 27-1-727, the following definitions apply:
(1) "Engage in an equine activity" means to ride, train, drive, or be a passenger upon an equine, whether mounted or unmounted, or to assist a participant, equine activity sponsor, or equine professional. The phrase does not mean activity by a spectator at an equine activity, unless the spectator is improperly in an unauthorized area in immediate proximity to an equine activity.
(2) "Equine" means a horse, pony, mule, donkey, or hinny.
(3) "Equine activity" means:
(a) equine shows, fairs, competitions, performances, or parades that involve any breed of equines and any of the equine disciplines, including but not limited to dressage, hunter and jumper horse shows, grand prix jumping, 3-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting;
(b) equine training or teaching activities;
(c) boarding equines;
(d) riding, inspecting, grooming, or evaluating an equine belonging to another, whether or not the owner has received monetary consideration or another thing of value for the use of the equine or permits a prospective purchaser of the equine to ride, inspect, groom, or evaluate the equine;
(e) rides, trips, hunts, pack trips, or other equine activities of any type, however informal, that are sponsored by an equine activity sponsor; and
(f) providing veterinarian or farrier services.
(4) "Equine activity sponsor" means an individual, group, club, partnership, corporation, or other entity, whether operating for profit or nonprofit, that sponsors, organizes, or provides the facilities for an equine activity. The phrase includes but is not limited to pony clubs; 4-H clubs; hunt clubs; riding clubs; riding classes and programs; therapeutic riding programs; operators, instructors, and promoters of equine facilities; stables; clubhouses; pony ride strings; farms; ranches; and arenas.
(5) "Equine professional" means a person engaged for compensation in:
(a) instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine;
(b) selling or renting equipment or tack to a participant; or
(c) providing veterinary or farrier services.
(6) "Participant" means a person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
(7) "Risks inherent in equine activities" means dangers or conditions that are an integral part of equine activities, including but not limited to:
(a) the propensity of an equine to behave in ways that may result in injury or harm to or the death of persons on or around the equine;
(b) the unpredictability of an equine's reaction to such things as medication; sounds; sudden movement; and unfamiliar objects, persons, or other animals;
(c) hazards, such as surface and subsurface ground conditions;
(d) collisions with other equines or objects; or
(e) the potential of another participant to not maintain control over the equine or to not act within the person's ability.
History: En. Sec. 2, Ch. 119, L. 1993.

Structure Montana Code Annotated

Montana Code Annotated

Title 27. Civil Liability, Remedies, and Limitations

Chapter 1. Availability of Remedies -- Liability

Part 7. Liability

27-1-701. Liability for negligence as well as willful acts

27-1-702. Comparative negligence -- extent to which contributory negligence bars recovery in action for damages

27-1-703. Multiple defendants -- determination of liability

27-1-704. Release -- covenant not to sue

27-1-705. Several liability -- purpose -- pleading -- determination -- nonparties

27-1-706. Effect of a release or covenant not to sue

27-1-707. reserved

27-1-708. Liability of landowner to trespasser

27-1-709. Property owner's immunity from damage caused by use of property unlawfully taken

27-1-710. Civil liability for injuries involving alcohol consumption

27-1-711. Liability of minor or person of unsound mind for own torts -- exemplary damages

27-1-712. Liability for damages for deceit

27-1-713. Duty to restore thing wrongfully acquired or retained

27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency

27-1-715. Liability of owner of vicious dog

27-1-716. Immunity of persons donating food for free distribution

27-1-717. Issuing a bad check, draft, converted check, electronic funds transfer, or order or stopping payment -- civil liability -- statute of limitations

27-1-718. Civil penalty for shoplifting

27-1-719. Liability of seller of product for physical harm to user or consumer

27-1-720. Liability -- defect in design of firearms or ammunition

27-1-721. Immunity of certain firearms and hunter safety or hunter education instructors

27-1-722. Civil damages immunity for injury caused by legal use of force

27-1-723. reserved

27-1-724. Limits on liability of livestock owner or property owner in accidents involving motor vehicles and livestock

27-1-725. Purpose

27-1-726. Definitions

27-1-727. Equine activity liability limitations

27-1-728. Mule and horseracing -- exception

27-1-729. and 27-1-730 reserved

27-1-731. Individual immunity for and indemnification of ditch company employees -- definitions

27-1-732. Immunity of nonprofit corporation officers, directors, and volunteers

27-1-733. Liability of nonprofit organizations and their employees for injuries suffered in sponsored rodeo and similar events

27-1-734. Limits on liability of health care provider in emergency situations

27-1-735. Emergency communications systems -- lawful release of information

27-1-736. Limits on liability of medical practitioner or dental hygienist who provides services without compensation

27-1-737. Repealed

27-1-738. Health care provider's responsibility for others

27-1-739. Liability of health care provider for reduced chance of recovery caused by malpractice

27-1-740. Ridesharing -- limits on employer liability

27-1-741. Purpose

27-1-742. Definitions

27-1-743. Operator's responsibilities

27-1-744. Passenger responsibilities and prohibitions

27-1-745. Injury reports

27-1-746. Duty of health care provider performing third-party medical examination

27-1-747. Claims and damages based on birth of child prohibited

27-1-748. through 27-1-750 reserved

27-1-751. Short title

27-1-752. Definitions

27-1-753. Limitation on liability in sport or recreational opportunity

27-1-754. Recreational activity -- applicability exceptions

27-1-755. Civil action -- human trafficking victim