HB-4175, As Passed House, June 11, 2015HB-4175, As Passed Senate, May 26, 2015

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4175

     A bill to amend 1994 PA 351, entitled

"Equine activity liability act,"

by amending section 5 (MCL 691.1665).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5. Section 3 does not prevent or limit the liability of

an equine activity sponsor, equine professional, or another person

if the equine activity sponsor, equine professional, or other

person does any of the following:

     (a) Provides equipment or tack and knows or should know that

the equipment or tack is faulty, and the equipment or tack is

faulty to the extent that it is a proximate cause of the injury,

death, or damage.

     (b) Provides an equine and fails to make reasonable and

prudent efforts to determine the ability of the participant to

engage safely in the equine activity and to determine the ability

of the participant to safely manage the particular equine. A person

shall not rely upon a participant's representations of his or her

ability unless these representations are supported by reasonably

sufficient detail.

     (c) Owns, leases, rents, has authorized use of, or otherwise

is in lawful possession and control of land or facilities on which

the participant sustained injury because of a dangerous latent

condition of the land or facilities that is known to the equine

activity sponsor, equine professional, or other person and for

which warning signs are not conspicuously posted.

     (d) Commits a negligent If the person is an equine activity

sponsor or equine professional, commits an act or omission that

constitutes a willful or wanton disregard for the safety of the

participant, and that is a proximate cause of the injury, death, or

damage.

     (e) If the person is not an equine activity sponsor or equine

professional, commits a negligent act or omission that constitutes

a proximate cause of the injury, death, or damage.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.