Section 34-31-5-2 - Exceptions to immunity for certain acts or omissions(a) This section does not apply to the horse racing industry.(b) Section 1 of this chapter does not prevent or limit the liability of an equine activity sponsor or an equine professional:(1) who: (A) provided equipment or tack that was faulty and that caused the injury; and(B) knew or should have known that the equipment or tack was faulty;(2) who provided the equine and failed to make reasonable and prudent efforts based on the participant's representations of the participant's ability to:(A) determine the ability of the participant to engage safely in the equine activity; and(B) determine the ability of the participant to safely manage the particular equine;(3) who:(A) was in lawful possession and control of the land or facilities on which the participant sustained injuries; and(B) knew or should have known of the dangerous latent condition that caused the injuries; if warning signs concerning the dangerous latent condition were not conspicuously posted on the land or in the facilities;
(4) who committed an act or omission that:(A) constitutes reckless disregard for the safety of the participant; and(B) caused the injury; or(5) who intentionally injured the participant.(c) Section 1 of this chapter does not prevent or limit the liability of an equine activity sponsor or an equine professional under the product liability laws.Pre-1998 Recodification Citation: 34-4-44-9.
As added by P.L. 1-1998, SEC.27.