§ 34-31-5-2 Exceptions

34-31-5-2 Exceptions

    Sec. 2. (a) This section does not apply to the horse racing industry.

    (b) Section 1 of this chapter does not prevent or limit the liability of an equine activity sponsor or an equine professional:

        (1) who:

            (A) provided equipment or tack that was faulty and that caused the injury; and

            (B) knew or should have known that the equipment or tack was faulty;   

        (2) who provided the equine and failed to make reasonable and prudent efforts based on the participant's representations of the participant's ability to:

            (A) determine the ability of the participant to engage safely in the equine activity; and

            (B) determine the ability of the participant to safely manage the particular equine;

        (3) who:

            (A) was in lawful possession and control of the land or facilities on which the participant sustained injuries; and

            (B) knew or should have known of the dangerous latent condition that caused the injuries;

    if warning signs concerning the dangerous latent condition were not conspicuously posted on the land or in the facilities;

        (4) who committed an act or omission that:

            (A) constitutes reckless disregard for the safety of the participant; and

            (B) caused the injury; or

        (5) who intentionally injured the participant.

    (c) Section 1 of this chapter does not prevent or limit the liability of an equine activity sponsor or an equine professional under the product liability laws.