Inherent Risk Law
Washington State has established an inherent risk horse law.
Excerpts from the Revised Codes (laws) of Washington State are reprinted here.
This law acknowledges that horses are large creatures with minds of their own. And that any person who climbs upon a horse is doing so at their own risk.
Inherent Risk Horse Law
The law below is copied in exact content from the official state website on 5/31/2012.
For a current update, go to http://apps.leg.wa.gov/rcw/default.aspx?cite=4.24.540.
Revised Code of Washington (RCW)
The Revised Code of Washington (RCW) is the compilation of all permanent laws now in force. It is a collection of Session Laws (enacted by the Legislature, and signed by the Governor, or enacted via the initiative process), arranged by topic, with amendments added and repealed laws removed. It does not include temporary laws such as appropriations acts. The official version of the RCW is published by the Statute Law Committee and the Code Reviser.
Title 4 RCW Civil Procedure
Chapter 4.24 RCW Special rights of action and special immunities
RCW 4.24.540 Limitations on Liability for equine activities - Exceptions.
(1) Except as provided in subsection (2) of this section, an equine activity
sponsor or an equine professional shall not be liable for an injury to or the death of a participant engaged in an equine activity, and, except as provided in subsection (2) of this section, no
participant nor participant’s representative may maintain an action against or recover from an
equine activity sponsor or an equine professional for an injury to or the death of a participant
engaged in an equine activity.
(2)(a) RCW 4.24.530 and 4.24.540 do not apply to the horse racing industry as
regulated in chapter 67.16 RCW.
(b) Nothing in subsection (1) of this section shall prevent or limit the liability
of an equine activity sponsor or an equine professional:
(i) If the equine activity sponsor or the equine professional:
(A) Provided the equipment or tack and the equipment or tack
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, determine the ability of the equine to behave safely with the participant,
and determine the ability of the participant to safely manage the particular equine;
(ii) If the equine activity sponsor or the equine professional
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 to or should have been known to the equine
activity sponsor or the equine professional and for which warning signs have not
been conspicuously posted;
(iii) If the equine activity sponsor or the equine professional commits
an act or omission that constitutes willful or wanton disregard for the safety of the
participant and that act or omission caused the injury;
(iv) If the equine activity sponsor or the equine professional
intentionally injures the participant;
(v) Under liability provisions as set forth in the products liability
laws; or
(vi) Under liability provisions in chapter 16.04 RCW.