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Florida Statute 773.03 | Lawyer Caselaw & Research
F.S. 773.03 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 773.03

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 773
EQUINE ACTIVITIES
View Entire Chapter
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 Casetext

Amendments to 773.03


Arrestable Offenses / Crimes under Fla. Stat. 773.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 773.03.



Annotations, Discussions, Cases:

Cases from cite.case.law:

GERMER, v. CHURCHILL DOWNS MANAGEMENT,, 201 So. 3d 721 (Fla. Dist. Ct. App. 2016)

. . . 773.02 of the Florida Statutes, which reads, in relevant part, as follows: Except as provided in s. 773.03 . . . a participant resulting from the inherent risks of equine activities and, except as provided in s. 773.03 . . . claimant is saddled with the burden of establishing an applicable exception to exculpation under section 773.03 . . . factual dispute exists as to whether any of the exceptions to section 773.02 articulated in section 773.03 . . .

McNICHOL, v. SOUTH FLORIDA TROTTING CENTER, INC., 44 So. 3d 253 (Fla. Dist. Ct. App. 2010)

. . . Plaintiff contends the trial court erred in ignoring the negligence exception provided in section 773.03 . . . Plaintiff contended section 773.03(2)(d) provides an exception to an equine activity sponsors immunity . . . 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 . . . (quoting section 773.03(2)(d)). . . . Section 773.02 provides in part: Except as provided in s. 773.03, an equine activity sponsor ... shall . . . a participant resulting from the inherent risks of equine activities and, except as provided in s. 773.03 . . . The plaintiff relies upon the negligence exception found in section 773.03(2)(d) in an attempt to avoid . . . for the safety of the participant, which act or omission was a proximate cause of the injury.... § 773.03 . . . By reading section 773.03 in pari materia, it exempts from section 773.02’s immunity, negligent acts . . .

McGRAW, v. R AND R INVESTMENTS, LTD., 877 So. 2d 886 (Fla. Dist. Ct. App. 2004)

. . . duty, if it occurred, does not meet any of the narrow categories of exceptions set out under section 773.03 . . . A proper resolution of the issue requires a careful examination of sections 773.02, 773.03, and 773.04 . . . a participant resulting from the inherent risks of equine activities and, except as provided in s. 773.03 . . . that section 773.02 explicitly refers only to the limitations from liability as provided in section 773.03 . . . 773.04 is supplied •by conjoining the provisions therein with the exceptions enumerated in section 773.03 . . .

RAVESON v. WALT DISNEY WORLD COMPANY,, 793 So. 2d 1171 (Fla. Dist. Ct. App. 2001)

. . . such as Raveson] resulting from the inherent risks of equine activities and, except as provided in s. 773.03 . . . Section 773.03(2)(b) does not eliminate liability when an equine professional fails to make reasonable . . . The provision contained in section 773.03(2)(b) may be an obstacle to an equine professional obtaining . . . The language of the exceptions to the limitation of liability found in section 773.03 does not specifically . . .

HEGGS, v. STATE, 759 So. 2d 620 (Fla. 2000)

. . . the changes in the theft statute; and section 13 amends the accessory after the fact statute (section 773.03 . . .

DILALLO, a Jo DILALLO, Jo v. RIDING SAFELY, INC. d b a B, 687 So. 2d 353 (Fla. Dist. Ct. App. 1997)

. . . [such as Cara] resulting from the inherent risks of equine activities and, except as provided in s. 773.03 . . .