Equine Law Blog
In April 2015, Julie Fershtman travels across the country for two speaking engagements regarding the Equine Activity Liability Acts (“EALAs”), including the National Conference on Equine Law. A lawyer with hands-on experience involving these laws nationwide, Julie will discuss recurring issues. Forty-six states now have some form of an EALA (except for California, Maryland, Nevada and New York).
One recurring issue is whether an injured person’s claims under an EALA can be released away. The majority view is that waivers/releases can potentially bar EALA claims. Courts in these states (as of 3/2015) have issued rulings to this effect:
- Utah
- Colorado
- Georgia
- Ohio
- Minnesota
- Michigan
- Florida
- Massachusetts
- Wyoming
For example, a Florida court stated:
There is usually much to discuss regarding a participant’s ‘ability’ and the ‘particular equine’ matched to the ability. It is not in this instance because the release and indemnity agreement, independent of the statutory provisions of Chapter 773 [Florida’s EALA], eliminated Disney’s liability for a negligent act, if any occurred. Nothing appears in Chapter 773 or its history that would restrict an equine professional from obtaining a release and indemnity agreement in order to eliminate liability that would survive the limitations of Chapter 773. The language of the exceptions to the limitations of liability found in Section 773.03 does not specifically state or even suggest that the body of law allowing one to obtain a release and indemnity agreement would be ineffective in extinguishing potential liability.
Emphasis added. [The case was: Raveson v. Walt Disney World, 793 So.2d 1171 (Fla. App. 2001).]
The minority view adopted by other states is that EALA claims cannot be released. Courts in these states (as of 3/2015) have prevented a release from dismissing a plaintiff’s claims based on a state EALA:
- Connecticut
- New Jersey
- New Mexico
- Tennessee
Conclusion
Courts in most states have shown a willingness to enforce liability waivers/releases if the court is convinced that the documents were properly worded and signed. There is never a guarantee that a court will enforce your document. For this reason, we suggest that you have a knowledgeable lawyer draft or review your documents and that you have proper liability insurance in place for your equine facilities and activities.
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 ...
