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Michigan Stable's Release Within Its Boarding Contract Helps Secure Dismissal of Lawsuit

Imagine owning a boarding stable that had a barn fire, causing loss to some of the horses. Imagine later being sued from a disgruntled boarder whose horse perished in the fire. This happened to a Michigan stable, and the stable faced an aggressive legal challenge from the boarder. In the end, the trial court dismissed the case and the Michigan Court of Appeals affirmed the dismissal in 2014. Why did the stable win? The liability release in its boarding contract played an important part of this result.

The defendant stable's boarding contract contained a liability release clause that was specifically related to the boarded horse. It stated, in part:

Owner also agrees to release and hold harmless [names withheld], and their employees, agents, representatives, heirs, assigns, affiliated persons, and others acting on their behalf from liability for any and all injuries, damages, or losses that Owner's horse(s) may sustain arising out of the boarding or keeping at Stable that may accrue from any cause whatsoever, including fire, theft, running away, accidents, illness, or injuries during the term of this Agreement and while horse(s) is/are in Stable's care, custody, or control (except if directly caused by Stable's gross negligence or wanton and willful misconduct).

On appeal, the Michigan Court of Appeals found this clause to be enforceable and dismissed the lawsuit. In doing so, the court found that the plaintiff horse owner presented insufficient evidence of “gross negligence” on the stable's part because, under Michigan law, "gross negligence" required proof of "conduct so reckless that it demonstrates a substantial lack of concern with regard to whether an injury will result." By comparison, the court cited evidence that the barn fire was most likely accidental and caused by "spontaneous heating of . . . hay.” Evidence also showed that the stable took quick action upon discovering the fire and saved many of the horses. In addition, the court found that the plaintiff boarder presented no evidence of "wanton and willful” misconduct because, by law, that would "represent an even higher standard for a plaintiff to overcome."

Risk Management for the Boarding Stable

In this case, the boarding stable was able to defeat the lawsuit because of its carefully worded liability release. Stables would be wise to include liability releases within their boarding contracts (where allowed by law). Also, stables seeking insurance coverage for claims involving injury or loss of boarded horses can also consider purchasing "care, custody, or control" insurance coverage.

The case was: Nagler v. Hunt, Michigan Court of Appeals Case No. 314014 (3/13/2014).

Categories: Boarding, Contracts, Lawsuit, Liability

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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 over 400 published articles, four books, and has lectured at seminars, conventions, and conferences in 29 states on issues involving law, liability, risk management, and insurance. For more information, please also visit www.fershtmanlaw.com and www.equinelaw.net, and www.equinelaw.info.

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Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards. 

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Fershtman’s Equine Law Book Receives Third National Award

Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.

The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners

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Fershtman’s Equine Law Book Receives Second National Award

Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.

The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners

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Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:

"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee

"Distinguished Service Award" - American Youth Horse Council

"Industry Service Award" - Michigan Equine Partnership

"Catalyst Award"- Michigan Horse Council

"Outstanding Achievement Award" - American Riding Instructors Association 

"Partner in Safety Award" - American Riding Instructors Association 

"Associate Service Award" - United Professional Horseman's Association

"National Partnership in Safety" Award" - Certified Horsemanship Association 

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Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.

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Defending equine/farm/equestrian industry professionals,  businesses, and associations in personal injury claims and lawsuits.

Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.

Representing and advising insurers on  coverage and policy language as well as litigation;

Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.

Representing some of the equine industry's top trainers, competitors, stables, and associations.

Counseling industry professionals, stable managers, and individual horse owners. 

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