1. (a) This section does not apply to the horse racing industry.

2. (b) Section 1 of this chapter does not prevent or limit the liability of an equine activity sponsor or an equine professional:

   1. (1) who:

      1. (A) provided equipment or tack that was faulty and that caused the injury; and
      2. (B) knew or should have known that the equipment or tack was faulty;

   2. (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:

      1. (A) determine the ability of the participant to engage safely in the equine activity; and
      2. (B) determine the ability of the participant to safely manage the particular equine;

   3. (3) who:

      1. (A) was in lawful possession and control of the land or facilities on which the participant sustained injuries; and

      2. (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. (4) who committed an act or omission that:

      1. (A) constitutes reckless disregard for the safety of the participant; and
      2. (B) caused the injury; or
   5. (5) who intentionally injured the participant.

3. (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.