On November 19, 2009, I gave a keynote speech at American Riding Instructors Association Annual Convention in Naples, Florida.  Let me share with you some of my remarks.

The Importance of Understanding Liability

In these difficult financial times, people need to remain focused in their emphasis on safety.  An injured person might be motivated to file a lawsuit against stables, professionals, and horse owners, especially if medical bills are high and the injury keeps the person off work for considerable time.  I sincerely believe that people  who have a general understanding of liability are well positioned to avoid it.

Liability, Generally

When someone brings a claim or suit arising from injuries sustained in an equine-related activity, the theories of liability tend to be the following:

            Equine Activity Liability Acts 

            As of November 2009, 46 states (all but California, Maryland, Nevada, and New York) have some form of an Equine Activity Liability Act.  All of these laws differ but many share common characteristics. For example, the laws usually state that a “participant” who is injured while “engaging in an equine activity” cannot seek legal recourse from an “equine activity professional,” “equine activity sponsor,” or “another person” if the injury resulted from an “inherent risk of an equine activity.”  The laws usually have several exceptions, however, that can form the basis of a claim or suit against horse owners, professionals, or horse facilities.  The most common exceptions are: (1) providing “faulty tack or equipment”; (2) providing an equine and “failing to make reasonable and prudent efforts to determine the ability of the participant to safely engage in the equine activity”; (3) having land or facilities with a dangerous latent condition for which no conspicuous warning sign was posted; (4) engaging in willful and wanton misconduct or gross negligence; and (5) committing intentional wrongdoing.  A small number of laws include an exception of negligence.

             Negligence

            In the four states without an equine activity liability law (New York, California, Maryland, and Nevada), the legal standard for liability is negligence.  Negligence is essentially conduct that is unreasonable.  Through a negligence claim, the injured person would assert that the horse owner, professional, facility, or show management failed to act in a reasonably prudent manner, which caused the injury.  My articles and books over the years have explained the types of negligence claims people have brought as well as several possible defenses.

            Avoiding Liability

            Below are some of the suggestions for avoiding liability that I offered in my recent speech.

            Liability Waivers/releases      

            Courts in most states have shown a willingness to enforce liability releases.  However, these documents stand a serious risk of failure if they are improperly worded, improperly signed, or the applicable state law refuses to enforce them.  For the best protection, have your documents drafted or reviewed by a knowledgeable attorney.

             Equipment

            Most equine activity liability acts include an exception for “faulty tack or equipment.”  Before you provide equipment to others, such as a saddled and bridled horse for a lesson or trail ride, check the equipment.

             Sign Posting

            Many state equine activity liability acts require “equine professionals” and sometimes “equine activity sponsors” to post warning signs with language provided in the statute. States differ on the language, size of the signs, placement of the signs, and even color of the signs. Check your state law to see if these requirements affect you.

           Contract Language

            Most equine activity liability acts require “equine professionals” and sometimes “equine activity sponsors” to include certain language within their contracts and releases.  Requirements differ, and the mandated language for contracts is not always the same as the “warning” language for signs.  Check the state laws where you live or do business.
           

             Avoid Myths 

            Everyone, it seems, has opinions regarding liability in the equine industry.  Some call equine liability laws “zero liability laws.”  Some insist that liability releases are worthless.  These are myths.  In your efforts to learn more about liability, seek information from reliable sources.

            -- Julie Fershtman, Attorney at Law

 This article does not constitute legal advice.  When questions arise based on specific situations, direct them to a knowledgeable attorney.

About the Author

 A lawyer for 23 years, Julie Fershtman is one of the nation's most experienced Equine Law practitioners, has successfully tried equine cases before juries in four states, has drafted hundreds of equine industry contracts, and is a Fellow of the American College of Equine Attorneys.  For more information, visit www.equinelaw.net or www.equinelaw.info.

Julie Fershtman's books, MORE Equine Law & Horse Sense and Equine Law & Horse Sense, help people avoid disputes.  Order both for $42.90, first class shipping included.  To order, call Horses & The Law Publishing at 866-5-EQUINE.  Or, send check or money order to Horses & The Law Publishing, P.O. Box 250696, Franklin, MI 48025-0696.

Attention Lawyers and Paralegals: This year the American Bar Association published Julie's new book on Litigating Animal Law Disputes.  The book covers a wide variety of legal issues involving horses and other animals and includes sample court filings.  Horses & The Law Publishing sells the book for a large discount off the ABA's $130 cover price.  Contact Ms. Fershtman directly for information.