Equine Law Blog

Equine Activity Liability Acts Impact Contracts

As of April 2012, 46 states (all but California, New York, Nevada, and Maryland) have passed laws that are designed to limit or control liability involving equines and equine activities.  In many states, these laws have created an important fine point for horse-related contracts. Several of the laws require special language in certain equine-related contracts or releases. 

The state-by-state requirements, based on equine activity liability law differences, can vary considerably.  For example, Ohio’s law requires a statement of inherent risks in certain contracts:

INHERENT RISK OF AN EQUINE ACTIVITY” MEANS A DANGER OR CONDITION THAT IS AN INTEGRAL PART OF AN EQUINE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:

1. THE PROPENSITY OF AN EQUINE TO BEHAVE IN WAYS THAT MAY RESULT IN INJURY, DEATH, OR LOSS TO PERSONS ON OR AROUND THE EQUINE;
2. THE UNPREDICTABILITY OF AN EQUINE’S REACTION TO SOUNDS, SUDDEN MOVEMENT, UNFAMILIAR OBJECTS, PERSONS, OR OTHER ANIMALS;
3. HAZARDS, INCLUDING, BUT NOT LIMITED TO, SURFACE OR SUBSURFACE CONDITIONS;
4. COLLISION WITH ANOTHER EQUINE, ANOTHER ANIMAL, A PERSON, OR AN OBJECT;
5. THE POTENTIAL OF AN EQUINE ACTIVITY PARTICIPANT TO ACT IN A NEGLIGENT MANNER THAT MAY CONTRIBUTE TO INJURY, DEATH, OR LOSS TO THE PERSON OF THE PARTICIPANT OR TO OTHER PERSONS, INCLUDING BUT NOT LIMITED TO, FAILING TO MAINTAIN CONTROL OVER AN EQUINE OR FAILING TO ACT WITHIN THE ABILITY OF THE PARTICIPANT.

Michigan’s law, by comparison, requires “equine professionals” (as defined in the law) to include the following language in their contracts for services:

WARNING

Under the Michigan equine activity liability act, an equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of the equine activity.

Discuss these and other provisions of contracts with a knowledgeable lawyer.

Categories: Contracts, Liability, Regulatory