The 2023 Florida Statutes (including Special Session C)
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. . . that Germer was a “participant engaged in an equine activity5’ and, therefore, pursuant to section 773.02 . . . A.The Act’s relevant provisions The operative immunity provision of the Act is codified in section 773.02 . . . equine activity” and Defendants are statutorily immunized from Germer’s claim for personal injuries. § 773.02 . . . In order for an equine facility to avail itself of section 773.02’s exculpation, the Act' requires the . . . the alternate argument that a factual dispute exists as to whether any of the exceptions to section 773.02 . . .
. . . court correctly directed a verdict for the defendant based on both the statutory immunity of section 773.02 . . . Section 773.02 provides in part: Except as provided in s. 773.03, an equine activity sponsor ... shall . . . That exception provides that: Nothing in s. 773.02 shall prevent or limit the liability of an equine . . . When read in context with section 773.02, however, and with the goal of giving meaning to all provisions . . . By reading section 773.03 in pari materia, it exempts from section 773.02’s immunity, negligent acts . . . McNichol, in a horse related accident by reason of the immunity afforded to equine sponsors by section 773.02 . . . The defendant responded that section 773.02 provided it with absolute immunity for injuries resulting . . . The trial court, relying on section 773.02, found defendant as an equine sponsor was not liable for plaintiffs . . . Section 773.02 provides that: Except as provided in. s. 773.03, an equine activity sponsor, an equine . . . Additionally, Section 773.03 provides: (2) Nothing in s. 773.02 shall prevent or limit the liability . . .
. . . thrown by a horse which R & R owned, by reason of the immunity afforded to equine sponsors by section 773.02 . . . A proper resolution of the issue requires a careful examination of sections 773.02, 773.03, and 773.04 . . . Section 773.02 provides: General provisions. — Except as provided in s. 77S.0S, an equine activity sponsor . . . In that section 773.02 explicitly refers only to the limitations from liability as provided in section . . . Section 773.02(2) provides: (2) Nothing in s. 773.02 shall prevent or limit the liability of an equine . . .
. . . Section 773.02 further provides the following general provision: [A]n equine activity sponsor, an equine . . . Additionally and separately from the release and indemnity agreement, section 773.02, Florida Statutes . . . may be possible, section 773.01(6) seems to contradict the exclusion of liability provided in section 773.02 . . .
. . . Section 773.02, Florida Statutes (1993), provides in pertinent part: [A]n equine activity sponsor [such . . .