North Carolina § 99E-1 - Definitions.

§ 99E-1. Definitions.

As used in this Part, the term: "Engage in an equine activity" means participate in an equine activity, assist a participant in an equine activity, or assist an equine activity sponsor or equine professional. The term "engage in an equine activity" does not include being a spectator at an equine activity, except in cases in which the spectator places himself in an unauthorized area and in immediate proximity to the equine activity. "Equine" means a horse, pony, mule, donkey, or hinny. "Equine activity" means any activity involving an equine. Actions to preserve, maintain, or regulate the use of land for equestrian recreation shall not be considered an equine activity. "Equine activity sponsor" means an individual, group, club, partnership, or corporation, whether the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity. The term includes operators and promoters of equine facilities. A landowner who allows equine recreation on the landowner's property shall not be considered an equine activity sponsor. "Equine professional" means a person engaged for compensation in any one or more of the following: Instructing a participant. Renting an equine to a participant for the purpose of riding, driving, or being a passenger upon the equine. Renting equipment or tack to a participant. Examining or administering medical treatment to an equine. Hooftrimming or placing or replacing horseshoes on an equine. "Equine recreation" means use of a landowner's property for an equine activity (i) where the landowner is neither the equine activity sponsor nor the equine professional and (ii) when the landowner permits use of the property without charge. For purposes of this subdivision, "charge" has the meaning set forth in G.S. 38A-2 and G.S. 38A-3. "Inherent risks of equine activities" means those dangers or conditions that are an integral part of engaging in an equine activity, including any of the following: The possibility of an equine behaving in ways that may result in injury, harm, or death to persons on or around them. The unpredictability of an equine's reaction to such things as sounds, sudden movement, unfamiliar objects, persons, or other animals. "Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. Inherent risks of equine activities does not include a collision or accident involving a motor vehicle. History (1997-376, s. 1; 2013-265, s. 3.2.) Editor's Note. - This Article was enacted as Chapter 99E of the General Statutes by Session Laws 1997-376, s. 1. It has been set out as Article 1 of Chapter 99E at the direction of the Revisor of Statutes. Session Laws 2013-265, ss. 3.2 and 3.3, applicable to claims arising on or after the effective date of those sections, designated G.S. 99E-1 through 99E-4 as Part 1 of Article 1 of Chapter 99E ; added Part 2 of Article 1 of Chapter 99E , comprising G.S. 99E-4 through 99E-7; and rewrote the Article 1 heading, which formerly read "Equine Activity Liability." The sections in newly added Part 2 were renumbered as G.S. 99E-6 through 99E-8 at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2013-265, s. 3.2, substituted "Part" for "Article" in the introductory language; added the last sentences in subdivisions (3) and (4); and added subdivision (5a). Legal Periodicals. - For comment, "Saying 'Neigh' to North Carolina's Equine Activity Liability Act," see 24 N.C. Cent. L.J. 156 (2001).