Equine Law Blog

Equine Liability Laws: Examples of How They Differ

As of October 2011, 46 states have some sort of an equine activity liability law on the books.  Many assume they are all the same.  They are not.  While many share common characteristics, all of them differ.  Here are two examples of how the laws differ:

• Warning signs.  Many of the equine liability acts have sign posting requirements.  Of the states with this requirement, the laws differ as to the language needed for the signs, letter size, where the signs should be placed, size of the sign, and sometimes even the color of the letters on the sign.  Pennsylvania’s law, for example, refers to a large (2’ by 3’) “warning sign.”
• Contract language requirements.  Many (but not all) of the equine activity liability laws require equine professionals and sometimes equine activity sponsors to include certain language within their contracts and releases. These requirements, when they exist, vary greatly from state to state. For example, some states require use of the same warning notice as found on the signs. Other states require a list of certain inherent risks. Some states, such as Iowa, require both for contracts. As another example, West Virginia's law requires certain participants to sign a unique statement.

Because of these differences, it is important to read each equine activity liability law very carefully. If you transact business in different states, never assume that laws are the same in each state.  Finally, remember that even with the passage of these laws, the need for liability insurance remains strong.

Categories: Liability, Regulatory