App. 1996), the Court of Appeals interpreted the Ski Area Safety Act, M.C.L.A. section 408.321 et seq., to reverse a lower court's denial of a ski operator's motion for summary judgment on the grounds that the skier had assumed "obvious and necessary" risks of skiing under section 408.342(2) of that Act. The Court might as a matter of law hold that EALA applies to deny Ms. Wing's claim under section 691.1663 thereof which provides in part that:
"Except as otherwise provided in section 5, . . . an equine professional, or another person is not liable for an injury to . . . a participant . . . resulting from an inherent risk of an equine activity."
GRS and Mr. Church meet the definition of an equine professional set forth in section 691.1662(e). Ms. Wing would be a participant under subsection (g) of that section. Riding is covered by the Act under subsection (a). Inherent risk of equine activity means:
"a danger or condition . . . including . . . (i) an equine's propensity to behave in ways that may result in injury . . . to a person on or around it. (ii) The unpredictability of an equine's reaction to thing such as sounds, sudden movements, and people, other animals, or unfamiliar objects. (iii) A hazard such as a surface or surface condition."
Such inherent risks may have caused Ms. Wing's injuries; however, section 691.1665 makes the limitation of liability provisions of the Act inapplicable to injuries due to an equine professional's negligence. It specifically does so if the equine professional provides equipment which he "knows or should know . . . is faulty" or if he "fails to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to determine the ability of the participant to safely manage the . . . equine."
In view of evidence indicating that negligence may be present, which is much stronger in this case than in Barr, it is probable tha...
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