2011 ORS § 30.691¹
Limitations on liability
  • exceptions

(1) Except as provided in subsection (2) of this section and in ORS 30.693 (Additional exceptions to limitations on liability), an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine and, except as provided in subsection (2) of this section and ORS 30.693 (Additional exceptions to limitations on liability), no participant or participants representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine.

(2)(a) The provisions of ORS 30.687 (Definitions for ORS 30.687 to 30.697) to 30.697 (Effect on workers compensation benefits) do not apply to any injury or death arising out of a race as defined in ORS 462.010 (Definitions).

(b) Nothing in subsection (1) of this section shall limit the liability of an equine activity sponsor or an equine professional:

(A) If the equine activity sponsor or the equine professional 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;

(B) If the equine activity sponsor or the equine professional intentionally injures the participant;

(C) Under the products liability provisions of ORS 30.900 (Product liability civil action defined) to 30.920 (When seller or lessor of product liable); or

(D) Under ORS 30.820 (Action against seller of drugged horse) or 608.015 (Civil liability for animals trespassing on adequately fenced land situated on open range). [1991 c.864 §3]