Equine Law Blog
We expect judges to appear at horse shows. But horse shows sometimes appear before judges – in a courtroom.
Liabilities
Participants and spectators are occasionally injured at shows. When this happens, they sometimes sue under theories of negligence or an applicable state equine activity liability act. Both are discussed briefly below.
Negligence
The one who brings a case of negligence (called the “plaintiff”) claims that the one allegedly at fault (called the "defendant”) failed to act as a reasonably prudent person would have under similar circumstances. In one case, a cutting horse competitor died in competition when his horse slipped and fell over on him. His estate brought a negligence claim against show management claiming that it was unreasonable by failing to install a thicker layer of footing over the arena’s cement floor.
Equine Liability Acts
As of June 2011, 46 states (all but California, Maryland, Nevada, and New York), have some form of an equine activity liability act. These laws have been applied to horse show activities.
In a Louisiana case, a horse kicked a fellow competitor near the horse show’s arena gate, and Louisiana’s Equine Activity Liability Act applied. The defendant who was sued claimed that the statute protected him from liability. He won, and the case was dismissed. Later, on appeal, the court upheld dismissal for the reason that the plaintiff’s injuries were found to have resulted from “inherent risks” under the law and, as a result, no claim could be brought.
Results like this cannot always be expected under equine activity liability laws. All of the laws differ, but some share common characteristics. As a result, each individual matter must be evaluated on its own merits and based on the language of the applicable state’s law.
Avoiding Liability
Horse show management can consider taking precautions. Here are a few:
- Liability Insurance. Liability insurance does not prevent lawsuits from happening but it can protect the finances of the group and its members if the worst case scenario should happen.
- Planning. Even with a consistent dedication to safety, injuries can, and do, happen at shows. Show management can develop plans for handling problems and emergencies and assign personnel for that purpose.
- Releases. Show management can consider having participants of legal age sign properly worded liability releases (where allowed by law).
If you have any questions about horse show liabilities, please give me a call or shoot me an email using the form below.
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 ...
