No provision of this chapter shall prevent or limit the liability of an equine activity sponsor or equine professional or any other person who:
1. Intentionally injures the participant;
2. Commits an act or omission that constitutes negligence for the safety of the participant and such act or omission caused the injury, unless such participant, parent or guardian has expressly assumed the risk causing the injury in accordance with subsection B of § 3.2-6202; or
3. Knowingly provides faulty equipment or tack and such equipment or tack was faulty to the extent that it did cause the injury or death of the participant.
1991, c. 358, § 3.1-796.133; 2003, c. 876; 2008, c. 860.
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