773.04
Posting and notification.
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773.04 Posting and notification.—
(1) Every equine activity sponsor and equine professional shall:
(a) Post and maintain one or more signs which contain the warning notice specified in subsection (2). These signs shall be placed in a clearly visible location near to where the equine activity begins. The warning notice specified in subsection (2) shall appear on the sign in black letters, with each letter to be a minimum of 1 inch in height, with sufficient color contrast to be clearly distinguishable.
(b) Give the participant a written document which the participant shall sign with the warning notice specified in subsection (2) clearly printed on it. Said written document may be used in lieu of posting the warning on the site of the equine activity sponsor’s or equine professional’s facility, and shall be given to any participant in an equine event not on the location of the equine activity sponsor’s or equine professional’s facility.
(2) The signs and document described in subsection (1) shall contain the following warning notice:
WARNING
Under Florida law, an equine activity sponsor or equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities.
History.—s. 91, ch. 93-169.
Notes of Decisions
Cited in 5
cases, 2001–2016 · leading case: McGraw v. R and R Investments, Ltd.
McGraw v. R and R Investments, Ltd. (2004)
“McGraw asserts that because R & R failed to comply with the notice provisions of section 773.04, Florida Statutes (2000), requiring all such sponsors to post warnings of their nonliability for injuries or death resulting from the inherent risks of equine activities, the trial…”
McNichol v. South Florida Trotting Center, Inc. (2010)
“02 did not apply because the defendant had failed to comply with the statutory mandate to post and maintain a specific warning notice as required by section 773.04, Florida Statutes (2004). McGraw, 877 So.”
Raveson v. Walt Disney World Co. (2001)
“NOTES [1] This warning complies with the notification requirement found in section 773.04, Florida Statutes (1997). [2] While some degree of matching may be possible, section 773.”
Germer v. Churchill Downs Management, Etc. (2016)
“§ 773.04(2), Fla. Stat. (2012). 5 constituting an equine activity.”
Germer v. Churchill Downs Management, Etc. (2016)
“§ 773.04(2), Fla. Stat. (2012). 3 . If, as here, the Act’s immunity provisions apply to exculpate an equine activity sponsor, a claimant is saddled with the burden of establishing an applicable exception to exculpation under section 773.”
— 773.04(2) — 2 cases
Germer v. Churchill Downs Management, Etc. (2016)
“§ 773.04(2), Fla. Stat. (2012). 5 constituting an equine activity.”
Germer v. Churchill Downs Management, Etc. (2016)
“§ 773.04(2), Fla. Stat. (2012). 3 . If, as here, the Act’s immunity provisions apply to exculpate an equine activity sponsor, a claimant is saddled with the burden of establishing an applicable exception to exculpation under section 773.”
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