Last year the Legislature amended the Equine Limited Liability Law. The amendments to the Act became effective on June 17 , 2011. So, you horse professionals, if you do not have NEW signs or Waivers it is time to get them!!!
The law was amended to include most common farm or livestock animals and not limit the act to equine animals. If you are not familiar with Chapter 87 of the Civil Practice and Remedies Code, this act limited the damages from horse activiies and it now limits the damages that may arise from "farm animal" activity. So the Act is now more expansive.
What animals are covered?
an equine animal (horse, donkey, pony, mule, hinny)l, a bovine animal, a sheep, a pig or hog and a chicken or fowl as well as emu or ostrich
What activies are covered?
Rodeos, fairs, horse shows, competitions, performances, handling, loading or unloading animals, or events invovling a farm animal
Does this include teaching or training horses?
Yes, and covers the daily care involved in boarding.
What else is new in the Act?
The definition of "farm animal professional " now includes providers of veterinarian and farrier services.
Farm Animal Professionals are now required to post signs that contain the following Chapter 87 warning language:
WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE) A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
This is just a heads up for those of you who may have missed the change in the Act. But it is a timely reminder since this weekend (April 27,28, 29) we (meaning the Houston Area Dressage Community and HDS) is hosting a CDI at Great SouthWest Equestrian Center in Katy, Texas. This definitely qualifies as a farm animal event involving farm animals and farm animal activities and farm animal professionals!
Next week I am off to Kentucky to the 27th Annual National Conference on Equine Law. Can't wait!