| Abstract: | Interest groups are advancing new statutory provisions to limit the liability of persons involved in equine activities. The first statute was adopted in Washington State five years ago, and subsequently twenty-nine other states have proceeded to adopt legislation regarding this issue. The new statutes, termed  Equine Liability Statutes, provide immunity from liability for injuries and death arising from ordinary risks of equine activities. Drawing from policies involving the provision of assistance for needy interest groups and voluntary social prerequisites, two recommendations may be proffered. First, the good samaritan and recreational use models suggest that the statutes might require a donation to offset the loss of participants' rights before a person could qualify for the statutory dispensation. Second, an additional safety prerequisite regarding a helmet to encourage action to reduce head injuries may be appropriate to foster safer equine activities.Terence J. Centner is a Professor at The University of Georgia College of Agricultural and Environmental Sciences, Athens, Georgia. His research program involves the policy analysis of agricultural legislation, the development of legislative policy, and the fusion of economic theory with law applied to specific problems. Centner pursued research on agricultural policy issues at the Agricultural Law Institute, University of Göttingen, Germany, pursuant to an Alexander von Humboldt Research Fellowship, and is a past president of the American Agricultural Law Association. |
