
Equine Law Blog
Equine Activity Liability Acts, now found in 46 states, frequently include requirements that “equine activity professionals” and sometimes “equine activity sponsors” post warning signs on the premises. One example of such a sign, from the Commonwealth of Massachusetts, states:
WARNING
Under Massachusetts law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 2D of chapter 128 of the General Laws.
But what happens if the “warning” sign falls off or disappears? Will the “equine activity professional” lose benefits from the equine activity liability act?
Why Do States Regulate Brands?
The reasons for state government regulation of livestock brands are just as valid today as they were a century ago. States regulate brands to protect the integrity of a given brand, to avoid confusing the public by having two farms with nearly identical brands, to give notice that a brand has been "taken" in order to fend off others who might want to claim a similar design, and sometimes to help identify the owner or breeder of the branded animal (comparable to a permanent "dog tag").
“Can I borrow your horse?” We hear this question from friends, acquaintances, co-workers, and relatives. When we answer “yes,” what usually follows is a fun and pleasurable experience. Sometimes, however, the opposite holds true, someone is hurt, and a lawsuit follows.
This article briefly discusses why people sue others who lend out horses and offers some suggestions for horse owners to try to protect themselves.
You are leaving your horse with a horse trainer who comes well-recommended but has no experience working with you. Can you trust this person to give your horse humane treatment? If your horse sustains an injury during training, will the trainer keep you informed? Will your horse receive adequate turn-out?
You can leave these matters to guesswork. Or, you can insist on a training contract.