Florida Statute 773.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 773
EQUINE ACTIVITIES

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F.S. 773.03

773.03 Limitation on liability for equine activity; exceptions.—

(1) This section applies to the horseracing industry as defined in chapter 550.

(2) Nothing in s. 773.02 shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:

(a) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and it was so faulty as to be totally or partially responsible for the injury;

(b) Provided the equine 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 safely manage the particular equine based on the participant’s representation of his or her ability;

(c) Owns, leases, rents, has authorized use of, or is otherwise in lawful possession and control of the land or facilities upon which the participant was injured, and the injury was due totally or in part, to a dangerous latent condition which was known to the equine activity sponsor, equine professional, or person and failed to post warning signs;

(d) Commits an act or omission that a reasonably prudent person would not have done or omitted under the same or similar circumstances or that constitutes willful or wanton disregard for the safety of the participant, which act or omission was a proximate cause of the injury; or

(e) Intentionally injures the participant.

History.—s. 90, ch. 93-169; s. 1183, ch. 97-102; s. 30, ch. 2000-354.

F.S. 773.03 on Google Scholar

F.S. 773.03 on CourtListener

Amendments to 773.03

Annotations, Discussions, Cases:

Cases Citing Statute 773.03

Total Results: 6

Heggs v. State

759 So. 2d 620, 2000 WL 178052

Supreme Court of Florida | Filed: Feb 17, 2000 | Docket: 1421324

Cited 311 times | Published

amends the accessory after the fact statute (section 773.03) by establishing new penalty degrees of the

McGraw v. R and R Investments, Ltd.

877 So. 2d 886, 2004 Fla. App. LEXIS 10715, 2004 WL 1606713

District Court of Appeal of Florida | Filed: Jul 20, 2004 | Docket: 1684427

Cited 4 times | Published

risks of equine activities are found solely in section 773.03, Florida Statutes (2002), and, because the

Raveson v. Walt Disney World Co.

793 So. 2d 1171, 2001 WL 1048544

District Court of Appeal of Florida | Filed: Sep 14, 2001 | Docket: 1266341

Cited 4 times | Published

Fla. Stat. § 773.01(5), (6), & (7) (1997). Section 773.03(2)(b) does not eliminate liability when an

Germer v. Churchill Downs Management, Etc.

201 So. 3d 721, 2016 Fla. App. LEXIS 13398

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 4419703

Published

an applicable exception to exculpation under section 773.03(2). Germer makes *725 the

Germer v. Churchill Downs Management, Etc.

District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 4110323

Published

an applicable exception to exculpation under section 773.03(2). Germer makes the alternate argument that

McNichol v. South Florida Trotting Center, Inc.

44 So. 3d 253, 2010 Fla. App. LEXIS 15047, 2010 WL 3893864

District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 2400674

Published

ignoring the negligence exception provided in section 773.03, Florida Statutes, which raises issues of fact