Illinois § 20

§ 20.

Exceptions. (a) This Act shall not apply to the horse racing industry as regulated in the Illinois Horse Racing Act of 1975. (b) Except as provided in Section 15, nothing in this Act shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person: (1) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it caused the injury. (2) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to manage safely the particular equine based on the participant's representations of his or her ability. (3) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the equine activity sponsor, equine professional, or person and for which warning signs were not conspicuously posted. (4) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury. (5) Intentionally injures the participant. (c) Nothing in this Act shall prevent or limit the liability of an equine activity sponsor or an equine professional: (1) Under liability provisions as set forth in the products liability laws. (2) Under liability provisions in the Fence Act. (Source: P.A. 89-111, eff. 7-7-95.)