(A) Except as provided in subsection (B), an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant resulting from an inherent risk of equine activity, and no participant or participant's representative may make a claim against, maintain an action against, or recover from an equine activity sponsor, or an equine professional, for injury, loss, damage, or death of the participant resulting from an inherent risk of equine activity.
(B) Nothing in subsection (A) prevents or limits the liability of an equine activity sponsor, or an equine professional, if the equine activity sponsor, or equine professional:
(1)(a) provided the equipment or tack and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it caused the injury; or
(b) provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to manage safely the particular equine based on the participant's representations of his ability;
(2) owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted;
(3) committed an act or omission that constitutes wilful or wanton disregard for the safety of the participant and that act or omission caused the injury; or
(4) intentionally injured the participant.
(C) Nothing in subsection (A) prevents or limits the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws.
(D) The provisions of this article shall not cover or apply to any liability arising from the ownership, maintenance, or use of any motor vehicle.
HISTORY: 1993 Act No. 182, Section 1, eff July 1, 1993, and applies only to causes of action arising on or after this act's effective date.
Structure South Carolina Code of Laws
Title 47 - Animals, Livestock and Poultry
Chapter 9 - Livestock Generally
Section 47-9-10. Marking, branding, or disfiguring large animals of another.
Section 47-9-20. Marking, branding, or disfiguring small animals of another.
Section 47-9-30. Use of horse, mare, or mule without permission.
Section 47-9-40. Alterations of teeth of horses or mules.
Section 47-9-50. Permit required for hauling cattle or swine at night by truck.
Section 47-9-60. Appeal of livestock and poultry facility permits.
Section 47-9-210. Definitions.
Section 47-9-220. Branding is lawful.
Section 47-9-240. One brand per person.
Section 47-9-250. Separate brands of wife or minor.
Section 47-9-260. Application and fee for adoption of brand.
Section 47-9-270. Issuance of certificate.
Section 47-9-280. Recording certificate.
Section 47-9-290. Certificate as evidence of ownership of livestock; foreign certificates.
Section 47-9-300. Registered brands for livestock.
Section 47-9-330. Transfers of brands.
Section 47-9-340. Cancellation of registration.
Section 47-9-350. Revocation of registration.
Section 47-9-360. Age at which livestock should be branded.
Section 47-9-370. Witnesses required when branding purchased or acquired livestock.
Section 47-9-380. Unlawful branding.
Section 47-9-390. Brand records.
Section 47-9-400. Rules and regulations.
Section 47-9-710. Definitions.
Section 47-9-720. Equine liability immunity; exceptions to grant of immunity.