Children and horses have a strong bond. Many of us developed our passion for horses when we were young children. Those who provide horse-related activities for children, such as riding instructors and camps, face unique risks because the law looks at children differently than adults.  

Things can go wrong, however. Is your club prepared for these:

If an equine-related accident occurs before an equine activity liability act becomes the law, can the court apply the (after-enacted) law?

Courts around the country have examined these issues. This article addresses two cases.

Several years ago, an injured Iowa parade spectator filed a lawsuit after being struck by a pony in the parade. The parade spectator wanted to cross the street while the parade was in progress. Before an organized group of horses approached, she perceived a “break” in the parade and then crossed the street while carrying a lawn chair. The chair spooked one of the ponies in the parade. This pony, at the time, was being ridden by two children, ages 4 and 8, but nobody led the pony on foot. When the pony spooked, it bolted, threw the children, and knocked over the spectator. 

For trial lawyers handling Equine Law cases, among the most difficult tasks is selecting the right expert witness for a case. In a well-known equine case from Minnesota, the Court refused to allow a party's proposed equine expert witness to testify. The Minnesota Supreme Court ultimately upheld that judge's ruling and affirmed the striking of that expert from testifying.

What happens next? Who is liable? Over the years, numerous lawsuits have been brought based on equestrian injuries blamed on saddles that were allegedly defective or improperly tightened. 

At issue was a Blue Ash, Ohio city ordinance banning horses from residential property. Allegedly acting in response to complaints from neighbors about unsanitary conditions and offensive odors created by the horse, the city wanted residents (Anderson and her daughter) to remove a miniature horse from their property, and it brought criminal charges against Anderson. She and her daughter fought back.

As of Aug. 1, 2015, 47 states – all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act ("EALA"). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.” The laws typically include a list of exceptions.

Does a horse bucking in reaction to a lawn mower qualify as an “inherent risk” for which the EALA might protect a horse owner from liability?

As of July 20, 2015, 47 states– all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act ("EALA"). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.” For example, Tennessee’s EALA, T. C. A. § 44-20-103, states:

Except as provided in § 44-20-104, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in § 44-20-104, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities. 

The laws typically include a list of exceptions, many of which this blog has explained.