Equine Law Blog
Your facility posts “warning” signs, and your state has enacted an equine activity liability law. Do these make liability waivers/releases unnecessary?
The Difference Between a Sign and a Release
Important differences exist between “ride at your own risk” sign and a release of liability that is legally valid, well-written, and properly signed. Certainly, the sign may announce the facility’s interest in limiting its liability, but it is rarely enough to fend off a lawsuit when something goes wrong. Also, my many years of handling equine-related injury cases around the country tells me that after an incident arises, the injured person will often deny ever seeing or reading the sign.
By comparison, a release of liability is an indication in writing that the visitor or customer has read, understood, and agreed to accept the facility’s policy of limiting its liability (where allowed by law). Also, as discussed below, releases offer an excellent opportunity to educate the signer about risks and more.
The Difference Between an Equine Activity Liability Law and a Release
If you live or do business in one of the 46 states (as of June 2011) with an equine activity liability law on the books, you may have a powerful protection against liability for certain kinds of equine activities. However, these laws were not designed to permanently end all liability in the horse industry. Because no “zero liability” laws exist, a written release of liability (where allowed by law) is an extra attempt to avoid liability. Keep in mind that even the best release will not protect you against all types of lawsuits, and there is never a guarantee that a court will enforce your release.
Extra Benefits of a Release of Liability
A well-written release of liability can offer many benefits. Here are a few.
- Recite Risks. The release can ask the customer, visitor, or guest to recognize the many inherent risks horses can present.
- Headgear Warning. The release can advise people about ASTM-standard/SEI-certified equestrian helmets.
- Health Insurance. A small number of equine facilities have policies requiring customers or guests to maintain their own medical insurance. For these facilities, the release can make the information part of a binding contract, not just a policy.
- Equine Activity Liability Act “Warning” Notices. Most states with equine activity liability laws require certain persons and business – usually, but not always, “equine professionals” and “equine activity sponsors” – to include warning notices or other language within their contracts and releases. Equine activity liability laws in a small number of states indicate that those who fail to follow these requirements could lose the benefit of immunities in their laws.
If you have any questions or would like more information, please give me a call or send me an email.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
