Fwd: [MVlist] Re: [MV] DANGEROUS PERIOD!!

From: F. Brian Mead (brian@hardscrabblefarm.com)
Date: Wed Jan 09 2002 - 09:27:08 PST


Georgia has already done that for equestrian activities.

Link to the law:
http://www.americanequestrian.com/legal/GA.htm

Ah, I can see it now: (don't know if it's good or bad =^)

;^)

un-OFFICIAL CODE OF GEORGIA ANNOTATED

un-O.C.G.A. § 4-12-1 (1994)

§ 4-12-1. Legislative findings

The General Assembly recognizes that persons who participate in historic
military vehicle activities may incur injuries as a result of the risks
involved in such activities. The General Assembly also finds that the state
and its citizens derive numerous economic and personal benefits from such
activities. The General Assembly finds, determines, and declares that this
chapter is necessary for the immediate preservation of the public peace,
health, and safety. It is, therefore, the intent of the General Assembly to
encourage historic military vehicle activities by limiting the civil
liability of those involved in such activities.

§ 4-12-2. Definitions

As used in this chapter, the term:

(1) "Engages in an historic military vehicle activity" means riding,
training, providing or assisting in providing medical treatment of,
driving, or being a passenger upon an historic military vehicle , whether
mounted or unmounted, or any person assisting a participant or show
management. The term "engages in an historic military vehicle activity"
does not include being a spectator at an historic military vehicle
activity, except in cases where the spectator places himself in an
unauthorized area and in immediate proximity to the historic military
vehicle activity.

(2) "historic military vehicle " means a former military jeep, deuce,
armor, bicycle, airplane, etc .

(3) "historic military vehicle activity" means:

(A) historic military vehicle shows, fairs, competitions, performances, or
parades that involve any or all breeds of historic military vehicle and any
of the historic military vehicle disciplines, including, but not limited
to, historic military vehicle shows, grand prix jumping, three-day events,
combined training, rodeos, driving, pulling, cutting, endurance trail
riding and western games, and hunting;

(B) historic military vehicle training or teaching activities, or both;

(C) Boarding historic military vehicle ;

(D) Riding, inspecting, or evaluating an historic military vehicle
belonging to another, whether or not the owner has received some monetary
consideration or other thing of value for the use of the historic military
vehicle or is permitting a prospective purchaser of the historic military
vehicle to ride, inspect, or evaluate the historic military vehicle ;

(E) Rides, trips, hunts, or other historic military vehicle activities of
any type however informal or impromptu that are sponsored by an historic
military vehicle activity sponsor;

(F) Placing or replacing tires on an historic military vehicle ; and

(G) Examining or administering medical treatment to an historic military
vehicle by a mechanic.

(4) "historic military vehicle activity sponsor" means an individual,
group, club, partnership, or corporation, whether or not the sponsor is
operating for profit or nonprofit, which sponsors, organizes, or provides
the facilities for an historic military vehicle activity, including, but
not limited to, pony clubs; 4-H clubs; hunt clubs; riding clubs; school and
college sponsored classes, programs, and activities; therapeutic historic
military vehicle programs; and operators, instructors, and promoters of
historic military vehicle facilities, including, but not limited to,
stables, clubhouses, garages, fairs, and arenas at which the activity is held.

(5) "historic military vehicle professional" means a person engaged for
compensation in:

(A) Instructing a participant or renting to a participant an historic
military vehicle for the purpose of riding, driving, or being a passenger
upon the historic military vehicle ;

(B) Renting equipment or tack to a participant; or

(C) Examining or administering medical treatment to an historic military
vehicle as a mechanic.

(6) "Inherent risks of historic military vehicle activities" means those
dangers or conditions which are an integral part of historic military
vehicle activities, including, but not limited to:

(A) The propensity of an historic military vehicle to behave in ways that
may result in injury, harm, or death to persons on or around them;

(B) The unpredictability of an historic military vehicle's reaction to such
things as sounds, sudden movement, and unfamiliar objects, persons, or
other animals;

(C) Certain hazards such as surface and subsurface conditions;

(D) Collisions with other historic military vehicle or objects; and

(E) The potential of a participant to act in a negligent manner that may
contribute to injury to the participant or others, such as failing to
maintain control over the animal or not acting within his or her ability.

(7) "Participant" means any person, whether amateur or professional, who
engages in an historic military vehicle activity, whether or not a fee is
paid to participate in the historic military vehicle activity.

§ 4-12-3. Immunity from liability for injury or death; exceptions

(a) Except as provided in subsection (b) of this Code section, an historic
military vehicle activity sponsor, an historic military vehicle
professional, or any other person, which shall include a corporation or
partnership, shall not be liable for an injury to or the death of a
participant resulting from the inherent risks of historic military vehicle
activities and, except as provided in subsection (b) of this Code section,
no participant or participant's representative shall make any claim
against, maintain an action against, or recover from an historic military
vehicle activity sponsor, an historic military vehicle professional, or any
other person for injury, loss, damage, or death of the participant
resulting from any of the inherent risks of historic military vehicle
activities.

(b) Nothing in subsection (a) of this Code section shall prevent or limit
the liability of an historic military vehicle activity sponsor, an historic
military vehicle professional, or any other person if the historic military
vehicle activity sponsor, historic military vehicle professional, or person:

(1) (A) Provided the equipment or tack, and knew or should have known that
the equipment or tack was faulty, and such equipment or tack was faulty to
the extent that it did cause the injury. (B) Provided the historic military
vehicle and failed to make reasonable and prudent efforts to determine the
ability of the participant to engage safely in the historic military
vehicle activity and to safely manage the particular historic military
vehicle based on the participant's representations of his ability;

(2) 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 which was known or should have been
known to the historic military vehicle activity sponsor, historic military
vehicle professional, or person and for which warning signs have not been
conspicuously posted;

(3) 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; or

(4) Intentionally injures the participant.

(c) Nothing in subsection (a) of this Code section shall prevent or limit
the liability of an historic military vehicle activity sponsor or an
historic military vehicle professional under liability provisions as set
forth in the products liability laws.

§ 4-12-4. Warning required; effect of failure to comply with notice requirement

(a) Every historic military vehicle professional and every historic
military vehicle activity sponsor shall post and maintain signs which
contain the warning notice specified in subsection (b) of this Code
section. Such signs shall be placed in a clearly visible location on or
near stables, parking lots, or garages where the historic military vehicle
professional or the historic military vehicle activity sponsor conducts
historic military vehicle activities. The warning notice specified in
subsection (b) of this Code section shall appear on the sign in black
letters, with each letter to be a minimum of one inch in height. Every
written contract entered into by an historic military vehicle professional
or by an historic military vehicle activity sponsor for the providing of
professional services, instruction, or the rental of equipment or tack or
an historic military vehicle to a participant, whether or not the contract
involves historic military vehicle activities on or off the location or
site of the historic military vehicle professional's or the historic
military vehicle activity sponsor's business, shall contain in clearly
readable print the warning notice specified in subsection (b) of this Code
section.

(b) The signs and contracts described in subsection (a) of this Code
section shall contain the following warning notice:

WARNING
Under Georgia law, an historic military vehicle activity sponsor or
historic military vehicle professional is not liable for an injury to or
the death of a participant in historic military vehicle activities
resulting from the inherent risks of historic military vehicle activities,
pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated.

(c) Failure to comply with the requirements concerning warning signs and
notices provided in this Code section shall prevent an historic military
vehicle activity sponsor or historic military vehicle professional from
invoking the privileges of immunity provided by this chapter.

HISTORY: Code 1981, § 4-12-4, enacted by Ga. L. 1991, p. 680, § 1.e

At 11:42 AM 1/9/2002 -0500, Glen Bedel wrote:

>This country needs to come up with a new law to cover all the dangerous
>things.....
>
>Law #1 It's your own damn fault...
>(section - "Open your eyes J.A.")
>
>Glen C. Bedel
>Project Coordinator
>design forum architects
>Tel.(937)-312-8984
>E-mail: gbedel @ designforum.com
>http: // www.designforum.com



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