Sec. 2. (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.]
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