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83 Ky. L.J. 157 (1994-1995)
The Equine Activity Liability Acts: A Discussion of Those in Existence and Suggestions for a Model Act

handle is hein.journals/kentlj83 and id is 167 raw text is: The Equine Activity Liability Acts:
A Discussion of Those in Existence
and Suggestions for a Model Act
BY KRYSTYNA M. CARMEL*
INTRODUCTION
Equine Activity Liability Act (ALA)' is a title commonly given to
the type of statute which seeks to protect equine professionals from liability
by eliminating the risk of lawsuits for injuries arising out of the inherent
dangers associated with activities involving horses. Provisions in these statutes
are intended to benefit the horse industry by making it more profitable and
insurable through limited liability.
EALAs have arisen in the wake of state legislatures' recognition of the
inherent risks associated with equine activities, as well as the economic and
personal benefits which the state and its citizens derive from such activities.
Therefore, the purpose underlying EALAs is to encourage equine activities
by limiting the civil liability of those involved in such activities, in fight of
the reality that rising insurance costs and increased litigation would put many
equine professionals and equine facilities out of business. At last count forty-
four states have either passed2 or considered3 such legislation.
* Assistant Editor, Equine Law & Business Letter;, and Law Clerk, Banrick &
McKay, Charlottesville, Virginia. Villanova Law School, Class of 1995.
' Although many states do not use the exact title 'TALA, this title will be used
throughout this discussion for convenience.
2 ALA. CODE § 6-5-337 (1994); 1994Ariz. Sess. Laws259;ARK. CODE ANN. §§ 16-120-
201 to -202 (Michie 1993); COLO. REV. STAT. § 13-21-119 (1994); 1993 Conn. Acts 286 (Reg.
Sess.); FLA. STAT. ANN. §§ 773.01-.05 (West 1993); GA. CODE ANN. §§ 4-12-1 to -4 (Supp.
1994); 1994 Haw. Sess. Laws 249; IDAHO CODE §§ 6-1801 to -1802 (1990); 1994 Kan. Sess.
Laws 290; LA. REV. STAT. ANN. § 9:2795.1 (West Supp. 1994); ME. REV. STAT. ANN. tit. 7,
§§ 4101-4104 (West Supp. 1994); MASS. GIN. LAWs ANN. ch. 128, § 2D (West Supp. 1994);
1994 Miss. Laws 443; 1994 Mo. Legis. Serv. 457 (Vernon); MONT. CODE ANN. §§ 27-1-725
to -728 (1993); N.M. STAT. ANN. §§ 42-13-1 to -5 (Michie Supp. 1994); N.D. CENT. CODE §§
53-10-01 to -02 (Supp. 1993); OP. REV. STAT. §§ 30.687, .689, .691, .693, .695, .697 (1993);
RI. GEN. LAWS §§ 4-21-1 to -4 (Supp. 1993); S.C. CODE ANN. §§ 47-9-710 to -730 (Law. Co-
op. Supp. 1993); SD. CoDnmD LAws ANN. §§ 42-11-1 to -5 (Supp. 1994); TENN. CODE ANN.
§§ 44-20-101 to -105 (1993); UTAH CODE ANN. §§ 78-27b-101 to -102 (Supp. 1994); VA.
CODE ANN. §§ 3.1-796.130 to .133 (Michie 1994); WAsH. REV. CODE ANN. §§ 4.24.530-.540
(West 1994); W. VA. CODE §§ 20-4-1 to -7 (Supp. 1994); Wis. STAT. ANN. § 895.525 (West
Supp. 1993); WYo. STAT. §§ 1-1-121 to -123 (Supp. 1994).
' The following 15 states have considered EALA legislation: California, A.B. 3084,

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