Equine Law Blog

What You Didn't Know About Liability Insurance

Every year you write the check to your insurance agent, fully expecting that you're covered for liabilities arising from your horse-related activities. But what if a claim or lawsuit is brought against you, and, to your surprise, you discover that you’re not covered for it?

Here are some equine liability insurance coverage surprises that people have experienced over the years. With careful planning, you can make sure that they never happen to you. Read More ›

Categories: Boarding, Employment, Insurance, Liability

Posted by: Julie I. Fershtman

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Didn’t Read the Stable’s Release? You Might Still Be Bound By It

The stable or instructor gives the customer a liability release to sign. Later, he sues the stable, and when the stable uses the signed release in its defense, the customer admits that he signed it. But he claims that it should not be enforced because he failed to read it before he signed it.

Is this argument valid? Nationwide, courts have considered these claims in equine-related cases, and some of the results might surprise you.  Read More ›

Categories: Liability

Posted by: Julie I. Fershtman

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Lawn Mower Spooks Horse – Georgia Court Dismisses Injured Rider’s Lawsuit

Spooking Horse Was an “Inherent Risk” and No “Willful or Wanton” Conduct Found

As of Aug. 1, 2015, 47 states – all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act ("EALA"). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.” The laws typically include a list of exceptions.

Does a horse bucking in reaction to a lawn mower qualify as an “inherent risk” for which the EALA might protect a horse owner from liability? Read More ›

Categories: Lawsuit, Liability, News & Events

Posted by: Julie I. Fershtman

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Washington Court Dismisses Equine Injury Lawsuit against Backyard Horse Facility Owner

Private, Backyard Facility Could Qualify as an “Equine Activity Sponsor” Under Equine Activity Liability Law

As of July 20, 2015, 47 states– all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act ("EALA"). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.” For example, Tennessee’s EALA, T. C. A. § 44-20-103, states:

Except as provided in § 44-20-104, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in § 44-20-104, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities. 

The laws typically include a list of exceptions, many of which this blog has explained. Read More ›

Categories: Boarding, Lawsuit, Liability, News & Events

Posted by: Julie I. Fershtman

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Cheap Horse – Expensive Problem

An online ad shows a beautiful horse for sale, and the buyer is drawn in. The ad describes the horse as a perfect show horse, unflappable trail horse, kid-friendly, easy-keeper, and free of vices. The price is low, and the buyer rushes to make the purchase. The buyer makes the purchase sight unseen and sends money to the seller, a total stranger. The buyer sought no veterinary pre-purchase examination and no drug screen. The parties had no written contract.

After the horse arrives, serious problems become apparent. The horse might show none of the characteristics that were so glowingly advertised. Registration papers might not exist. The horse might be seriously lame or ill. The horse might be downright dangerous or untrained. When the buyer complains, the seller refuses to rescind the deal.

Certainly, buyers in these situations may have options available to them for legal recourse. But most buyers will keep the horse rather than invest in legal fees.  Read More ›

Categories: Contracts, Sales/Disputes

Posted by: Julie I. Fershtman

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Michigan’s Equine Activity Liability Act Amended to Remove “Negligence” Exception for Professionals and Sponsors

On June 23, 2015, Michigan’s Gov. Rick Snyder signed into law an amendment to Michigan’s Equine Activity Liability Act (“EALA”).  The law was amended by Public Act 87 of 2015.

The Law Before Amendment

The new amendment targets a portion of Michigan’s EALA involving its exceptions –sections of the law on which people can file equine-related personal injury lawsuits. As enacted in 1994, Michigan’s EALA included four exceptions: Read More ›

Categories: Liability, News & Events

Posted by: Julie I. Fershtman

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Nevada Becomes the 47th State With an Equine Activity Liability Law

47 states now have an Equine Activity Liability Act. These laws, in various ways, limit or control liabilities associated with equine activities. Nevada is the latest state to pass such a law. On May 27, 2015, Nevada’s Governor approved SB 129. Here’s a link to this new law. Read More ›

Categories: Liability, News & Events

Posted by: Julie I. Fershtman

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California Appellate Court Dismisses Wrongful Death Lawsuit After Farrier Dies While Shoeing Horse

A California farrier (horseshoer) with 45 years of experience was hired to trim a horse’s hooves. While working in an outdoor corral, the horse knocked him down, and his head hit a rock. He died from his injuries, and his estate sued the horse owner who also owned the property. The trial court dismissed the case, and the California Court of Appeals agreed. Read More ›

Categories: Lawsuit, Liability

Posted by: Julie I. Fershtman

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Liability Release Dismisses Wrongful Death Lawsuit Involving California Teenager

As this blog has reported in the past, courts nationwide have disagreed as to whether parents can legally release away personal injury claims of their minor children.

In a decision issued earlier this year, a California appellate court found that a horse trainer/riding instructor's release of liability, signed by a mother as well as her teenage daughter, was enforceable. Accordingly, the court held that a lawsuit against the trainer (who was also referred to as a "coach") arising from the teenager's death, was properly dismissed.  Read More ›

Categories: Lawsuit, Liability, News & Events

Posted by: Julie I. Fershtman

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Is a Loose Girth or Cinch “Faulty Tack” Under an Equine Activity Liability Act?

• You take your friend on a trail ride, but an hour into the ride the saddle slips and your friend falls off. He sues.
• Two hours into a scenic trail ride, a horse provided by a public riding stable walks up a hill, but the saddle slips and spooks the horse. The guest falls and files a lawsuit.

If any of these incidents occurred in a state with an Equine Activity Liability Act (“EALA”), could the injured rider base his or her lawsuit on the “faulty tack or equipment” exception? *

Over the years, courts have examined the issue of what qualifies as “faulty tack or equipment.” In these two cases, the courts were convinced that a loose cinch or girth does not. Read More ›

Categories: Liability

Posted by: Julie I. Fershtman

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