Equine Law Blog
Liability releases are probably the most misunderstood documents in the horse industry. Myths and misunderstandings surround them. Let’s explore common misperceptions regarding releases and the facts.
MYTH – It’s illegal for a person to release away another’s negligence.
In most states, courts have shown a willingness to enforce a release where the signer has waived another’s liability for ordinary negligence. This occurs if the court finds that the release was properly worded and signed. Even though you believe your release is properly worded and signed, there’s never a guarantee that a court will enforce your release and dismiss a claim against you.
MYTH – It’s illegal for a person to release away a claim under a state equine activity liability act.
Courts across the country disagree on this issue. Some have enforced releases where the signer waives liability under a state equine activity liability act and, in the process, have dismissed lawsuits. A small number of courts have not.
MYTH – A release that is valid in one state is valid in all others.
Because states sometimes have unique requirements for language that a release should include, one size usually does not fit all. One example is that state equine activity liability acts (now found in 46 states) often include extra requirements for releases of liability. Equine activity liability laws in Virginia and Arizona, to name two, contemplate the use of releases and specify a few additional requirements for them.
MYTH – A posted warning sign is the same as a release.
As this author has written over the years, a warning sign is not a release. People frequently deny having read warning signs, and a sign is not the same as a document where the signer acknowledges risks and specifically agrees to release certain claims against others.
MYTH – A parent can sign a release that waives his or her child’s claims.
Nationwide, states differ as to whether a parent can sign a release that waives a child’s claims. Some states, like Colorado, allow it while other states, like Michigan, make these releases voidable.
Releases are very important documents for equine professionals and businesses. Don’t take chances with them. Direct your questions to a knowledgeable attorney.
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 ...
