Equine Law Blog
Equine sales agreements sometimes include the words "as is" and "with all faults.” Sellers use these phrases with the hope of preventing buyers from bringing claims and lawsuits in an effort to reverse the sale. Do these words stop all sales-related lawsuits?
The answer is “no.”
Dan hired a trainer, Sarah, to train his horse and haul it to a few shows during the year. While under Sarah’s care, however, Dan’s horse colicked, and a veterinarian had to put the horse down. Should Sarah, the trainer, be responsible for paying for the loss of Dan’s horse and his vet bills?
What the Law Expects of a Trainer’s Services
When a person, such as Dan, leaves a horse with a trainer for care, keeping, and training, the law generally requires the trainer to use “reasonable care” in carrying out these tasks. This means that the trainer must use the degree of care that a prudent and careful trainer would use in similar circumstances.
Clients like Dan who bring claims against their trainers for injuries to or losses of their horses must prove that the trainer somehow fell short of this standard, that the trainer's failings were the legal cause of the horse’s demise, and that the trainer should be legally accountable for damages that resulted.
