Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY · Part 7. Liability
Montana Code Annotated

Mont. Code Ann. § 27-1-727 (2026)

Equine Activity Liability Limitations -- Waivers

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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 1
  4. Part 7
  5. 27-1-727 Equine activity liability limitations -- waivers

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 7. Liability

Equine Activity Liability Limitations -- Waivers

27-1-727. Equine activity liability limitations -- waivers. (1) Except as provided in subsections (2) through (4), an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant engaged in an equine activity resulting from risks inherent in equine activities.

(2) An equine participant shall act in a safe and responsible manner at all times to avoid injury to the participant and others and to be aware of risks inherent in equine activities.

(3) Subsection (1) does not apply:

(a) if the equine activity sponsor or the equine professional:

(i) provided the equipment or tack and the equipment or tack caused the injury because the equine activity sponsor or equine professional failed to reasonably and prudently inspect or maintain the equipment;

(ii) provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to safely engage in the equine activity and the participant's ability to safely manage the particular equine based on the participant's representations as to the participant's ability;

(iii) owned, leased, rented, or otherwise was in lawful possession and control of the land or facilities upon which the participant sustained injuries caused by a dangerous latent condition that was known or should have been known to the equine activity sponsor or the equine professional;

(iv) committed an act or omission that constituted willful or wanton disregard for the safety of the participant and the act or omission caused the injury; or

(v) intentionally injured the participant; or

(b) in a products liability action.

(4) (a) Any waiver or release for equine activities must:

(i) state known inherent risks of equine activities; and

(ii) contain the following statement in bold typeface:

"By signing this document, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in equine activities or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care."

(b) Any waiver or release for equine activities may still be challenged on any legal grounds.

(c) Any waiver or release for equine activities that is in compliance with this section is not prohibited by or subject to the provisions of 28-2-702.

History: En. Sec. 3, Ch. 119, L. 1993; amd. Sec. 1, Ch. 720, L. 2025.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2005–2025 · leading case: McDermott v. CARIE, LLC, 2005 MT 293, 124 P.3d 168.
Sort: Relevance Newest Treatment
McDermott v. CARIE, LLC, 2005 MT 293, 124 P.3d 168. · cites it 6× “Finally, § 27-1-727(1), MCA, provides that “an equine activity sponsor .”
Fishman v. GRBR, Inc., 2017 MT 245, 403 P.3d 245. · cites it 25× “” GRBR moved for summary judgment, arguing Fishman’s accident was caused by a risk inherent in equine activities for which liability is precluded under § 27-1-727, MCA. Fishman also moved for summary judgment, arguing Nancy failed in the duty to inspect the saddle, which…”
Girasole v. Paws Up, 2025 MT 188. · cites it 20× “To read § 27-1-727, MCA, as the exclusive measure of liability, without giving effect to the “solely” clause in § 27-1-725, MCA, disregards the Legislature’s chosen structure and violates the interpretive rule that statutes must be construed to give effect to all provisions, if…”
Mont. Code Ann. § 27-1-727(1): 3 cases
McDermott v. CARIE, LLC, 2005 MT 293, 124 P.3d 168. “Finally, § 27-1-727(1), MCA, provides that “an equine activity sponsor .”
Fishman v. GRBR, Inc., 2017 MT 245, 403 P.3d 245. “” GRBR moved for summary judgment, arguing Fishman’s accident was caused by a risk inherent in equine activities for which liability is precluded under § 27-1-727, MCA. Fishman also moved for summary judgment, arguing Nancy failed in the duty to inspect the saddle, which…”
Girasole v. Paws Up, 2025 MT 188. “To read § 27-1-727, MCA, as the exclusive measure of liability, without giving effect to the “solely” clause in § 27-1-725, MCA, disregards the Legislature’s chosen structure and violates the interpretive rule that statutes must be construed to give effect to all provisions, if…”
Mont. Code Ann. § 27-1-727(2): 1 case
McDermott v. CARIE, LLC, 2005 MT 293, 124 P.3d 168. “Finally, § 27-1-727(1), MCA, provides that “an equine activity sponsor .”
Mont. Code Ann. § 27-1-727(3): 1 case
Fishman v. GRBR, Inc., 2017 MT 245, 403 P.3d 245. “” GRBR moved for summary judgment, arguing Fishman’s accident was caused by a risk inherent in equine activities for which liability is precluded under § 27-1-727, MCA. Fishman also moved for summary judgment, arguing Nancy failed in the duty to inspect the saddle, which…”
Mont. Code Ann. § 27-1-727(3)(a): 1 case
Girasole v. Paws Up, 2025 MT 188. “To read § 27-1-727, MCA, as the exclusive measure of liability, without giving effect to the “solely” clause in § 27-1-725, MCA, disregards the Legislature’s chosen structure and violates the interpretive rule that statutes must be construed to give effect to all provisions, if…”
Mont. Code Ann. § 27-1-727(3)(a)(i): 1 case
Fishman v. GRBR, Inc., 2017 MT 245, 403 P.3d 245. “” GRBR moved for summary judgment, arguing Fishman’s accident was caused by a risk inherent in equine activities for which liability is precluded under § 27-1-727, MCA. Fishman also moved for summary judgment, arguing Nancy failed in the duty to inspect the saddle, which…”
Mont. Code Ann. § 27-1-727(3)(a)(iii): 1 case
Girasole v. Paws Up, 2025 MT 188. “To read § 27-1-727, MCA, as the exclusive measure of liability, without giving effect to the “solely” clause in § 27-1-725, MCA, disregards the Legislature’s chosen structure and violates the interpretive rule that statutes must be construed to give effect to all provisions, if…”
Mont. Code Ann. § 27-1-727(3)(a)(iv): 1 case
Girasole v. Paws Up, 2025 MT 188. “To read § 27-1-727, MCA, as the exclusive measure of liability, without giving effect to the “solely” clause in § 27-1-725, MCA, disregards the Legislature’s chosen structure and violates the interpretive rule that statutes must be construed to give effect to all provisions, if…”
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