§ 87.004.Exceptions to Limitation on Liability

The exceptions, and they are the substance of the chapter.

(1) Faulty equipment or tack used in the activity, where the person provided it and knew or should have known it was faulty.

(2) Failure to assess the participant. Where the person provided the animal and did not make a reasonable and prudent effort to determine the participant's ability to engage safely in the activity and to safely manage the animal.

That is the exception most often litigated. Putting an inexperienced rider on a difficult horse without asking about their experience is outside the protection, and the duty is to make a reasonable and prudent effort to find out.

(3) A dangerous latent condition of land for which warning signs, written notices, or verbal warnings were not conspicuously posted or provided, where the land was under the person's control and the person knew of the condition.

Note the interaction with the inherent risk list. Surface and subsurface land conditions are an inherent risk of equine activities under that section — but a latent condition the operator knew about and did not warn of is an exception. Known and hidden defeats inherent.

(4) An act or omission with wilful or wanton disregard for the participant's safety that caused the injury. (5) Intentionally causing the damage, injury, or death.

(6) A livestock show injury from an activity connected with the show, where the person invited or allowed the injured person to participate and they were not a participant as defined.