Revise civil liability laws relating to equine activities and waivers
If enacted, HB 768 would modify Section 27-1-727 of the Montana Code Annotated, giving legal grounding to equine activity waivers. The bill specifies that waivers must state known inherent risks and include a declaration that signing the document may waive the right to a jury trial. While this could bolster the equine industry by lessening the burden of legal action against providers, it could simultaneously reduce protective measures for participants in cases of negligence, where the involvement of an equine provider could lead to liability.
House Bill 768 aims to revise existing civil liability laws relating to equine activities in Montana. The bill proposes limitations on the liability of equine activity sponsors and professionals in the event of injuries sustained during equine activities, asserting that they are not liable for injuries resulting from inherent risks associated with such activities. This legislation intends to encourage participation in equine activities by reducing the legal risks faced by providers while also mandating specific disclosures in waivers to be signed by participants. It emphasizes the importance of informed consent and participant responsibility in avoiding injuries.
The general sentiment surrounding HB 768 appears to be cautiously optimistic from equine industry stakeholders, as they see it as a necessary step to protect their businesses from lawsuits. However, there are concerns regarding the balance between protecting businesses and ensuring participant safety. Opponents may argue that the bill could undermine the accountability of providers for negligent practices, potentially leading to greater risks for participants.
The key contention points in the discussions around HB 768 involve the adequacy of the proposed waivers in protecting participants and the situations in which an equine professional could be found liable for negligence. Critics could argue that although the bill mandates clear disclosures of inherent risks, it does not sufficiently address situations where negligent practices contribute to injury. The ability to challenge waivers on other legal grounds adds a layer of complexity to the enforcement of liability limitations, potentially leading to further legal disputes.