Equine Law Blog

Can a Child be Negligent?

In the example above, some might expect the stable to simply deflect liability onto Henry and claim that he was negligent for causing the yearling to escape. The law is not that simple, however. Because Henry is under the age of seven, numerous state laws would provide that he is too young to be negligent. [By comparison, in some states, a claim might be directed against his mother on the basis that she negligently supervised him.]

Does the Stable's Release, Signed by a Parent, Bar the Claims of a Child?

Never assume that a minor’s claims can be waived or released away in a contract. Courts throughout the country have disagreed on the issue of whether a properly worded waiver/release, signed by a parent or legally appointed guardian, can bar the injured child's personal injury claim. A release that might be enforceable under Colorado law, for example, would fail under Michigan law. Check your state’s law.

Avoiding Liability

Stables and horse owners looking to protect themselves can consider the following:

• Liability insurance. Insurance cannot prevent a problem from happening, but it can respond to a claim or suit (assuming proper coverage and policy limits).
• Indemnification. Stables sometimes include indemnification clauses in their contracts. These clauses generally provide that a boarder (such as Henry's mother) agrees to indemnify the stable if a claim is asserted against the stable relating to actions or inactions on her part that cause injury, death, or damage to someone. States differ in their enforcement of indemnification clauses. For people who sign contracts containing these clauses, be aware that your liability insurance policy might exclude coverage for liabilities you have “assumed in a contract," such as indemnification clauses. Discuss your coverage further with your insurance agent or attorney.
• Stable rules. Stables can post rules regarding children on the premises. As one example, a stable rule can prevent minors under a specified age from being unattended on the stable property.

Legal issues involving children can be complex and laws vary widely from state to state. Make sure to direct your questions to a knowledgeable attorney.