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?
Not so, said one court in a Michigan case from 1999. There, the plaintiff was injured while walking through a barn aisle when a horse suddenly reached from his stall, bit him, and knocked him down. Although Michigan’s Equine Activity Liability Act includes no provisions that hinge an entitlement to immunities on the posting of a “warning” sign, the court nevertheless evaluated whether the stable complied with the Michigan equine activity liability act’s “warning” sign positing requirement because the sign was allegedly missing at the time of the incident. Why was the sign missing? The stable’s goat allegedly ate it off the wall. The court found that the stable “substantially complied” with the law, and the missing sign did not operate against it.
The case is: Amburgey v. Sauder, 238 Mich. App. 228 (Mich. App. 1999).
Compliance with applicable provisions of state equine activity liability acts as they pertain to sign posting and contract language can be important. Make sure to receive advice from a knowledgeable lawyer.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
