§ 76-50.3. Scope of liability.  


Latest version.
  • A.  Except as provided in subsection B of this section, a livestock activity sponsor, a participant or a livestock professional acting in good faith and pursuant to the standards of the livestock industry shall not be liable for injuries to any person engaged in livestock activities when such injuries result from the inherent risks of livestock activities.

    B.  1.  The provisions of the Oklahoma Livestock Activities Liability Limitation Act shall not apply to employees of the sponsor or livestock professional in the performance of their duties who are covered by or subject to the provisions of the workers’ compensation laws of Title 85 of the Oklahoma Statutes.

    2.  Nothing in subsection A of this section shall prevent or limit the liability of a livestock activity sponsor, a participant or a livestock professional, if the livestock activity sponsor, a participant or livestock professional:

    a.commits an act or omission that constitutes willful or wanton disregard for the safety of any person engaged in livestock activities, and that act or omission caused the injury,

    b.intentionally injures a person engaged in livestock activities,

    c.provided the equipment or tack, which was faulty, and such equipment or tack was faulty to the extent that it did cause the injury.  The provisions of this subparagraph shall not apply to livestock activities sponsored by youth organizations when youth participants share equipment or tack between themselves,

    d.provided the livestock and failed to make a reasonable effort to determine the ability of the participant to manage the particular livestock based upon the participant’s representations of such participant’s ability.  Provided, however, a participant in a livestock show, livestock sale, or rodeo shall be presumed to be competent in the handling of livestock if an entry form is required for the activity and signed by the participant, or

    e.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 condition which was known to the livestock activity sponsor, livestock professional or person and not made known to the participant.

    3.  Nothing in subsection A of this section shall prevent or limit the liability of a livestock activity sponsor, a participant or a livestock professional:

    a.under liability provisions as set forth in the products liability laws, or

    b.for livestock activities which result in the death of any person engaged in livestock activities from the inherent risks of livestock activities.

    C.  A sponsor shall not be held vicariously liable for the acts or omission of a participant or a livestock professional.

Added by Laws 1999, c. 326, § 3, eff. Nov. 1, 1999.