§ 16-120-202 - Liability.
               	 		
16-120-202.    Liability.
    (a)    (1)  Except  as provided in subdivision (a)(2) of this section, an equine activity  sponsor or an employee of an equine activity sponsor shall not be liable  for an injury to or the death of a participant resulting from the  inherent risks of equine activities.
      (2)  Nothing  in subdivision (a)(1) of this section shall prevent or limit the  liability of an equine activity sponsor or an employee of an equine  activity sponsor who:
            (A)    (i)  Provided  the equipment or tack and knew or should have known that the equipment  or tack was faulty, and that such equipment or tack was faulty to the  extent that it did cause injury;
                  (ii)  Provided  the equine animal and failed to make reasonable and prudent efforts to  determine the ability of the participant to engage safely in the equine  activity or to determine the ability of the participant to engage safely  in the equine activity and to safely manage the particular equine based  on the participant's representation of his ability;
            (B)  Owned,  leased, rented, or otherwise was in lawful possession and control of  the land or facilities upon which the participant sustained injury  because of a dangerous latent condition which was known or should have  been known to the equine activity sponsor or to an employee of the  sponsor and for which warning signs had not been conspicuously posted;
            (C)  Committed  an act or omission that constituted willful or wanton disregard for the  safety of the participant, and that act or omission caused the injury;
            (D)  Intentionally injured the participant.
      (3)  Nothing  in subdivision (a)(1) of this section shall prevent or limit the  liability of an equine activity sponsor or an employee thereof under  liability provisions as set forth in products liability laws.
(b)    (1)  Every  equine activity sponsor shall post and maintain signs which contain the  warning notice specified in subdivision (b)(2) of this section. Such  signs shall be placed in a clearly visible location on or near stables,  corrals, or arenas where the equine activity sponsor conducts equine  activities. The warning notice specified in subdivision (b)(2) of this  section shall appear on the sign in black letters, with each letter to  be a minimum of one inch (1'') in height.
      (2)  The signs described in subdivision (b)(1) of this section shall contain the following warning notice:
            WARNING
            Under  Arkansas law, an equine activity sponsor is not liable for an injury  to, or the death of, a participant in equine activities resulting from  the inherent risk of equine activities.
(c)  Provided,  the immunity provided for in this section is not applicable with  respect to thoroughbred horse racing as authorized and regulated in     23-110-101 et seq.