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What to Consider Before Organizing an Equine Event

Your club or association wants to organize a horse show. Or, your club wants to hold a clinic and invite a nationally known trainer to offer tips on training, showing, or horsemanship skills to members and guests, many who bring horses to the event. These events, your group believes, will boost publicity, increase membership, and generate extra money.

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

  • While showing in an equitation class, a competitor gets kicked in the knee by another competitor’s horse. The injured competitor blames the problem on jumps left in the ring that allegedly restrict space along the rail.
  • A horse spooks while its trainer is saddling it, breaks away from its handler, and runs loose through the show grounds causing other horses to spook before it runs over a spectator.
  • During the line-up, as the competitors await their placings, a horse spooks (possibly from a colorful electronic scoring board near the arena), throws its rider, jumps out of the arena, and seriously injures people on the show grounds.

These incidents actually occurred, and lawsuits followed. We defended each of the lawsuits.

Risk Management Options

Equine event managers, in their efforts to avoid liability, have numerous options to consider. The measures they pursue will depend on the type of event, type of animals involved, location, applicable laws, and the individual preferences of management. Here are a few ideas.

Event Liability Insurance

Liability insurance is important for equine events. Should an incident occur that gives rise to a claim, and if the claim is covered, the liability insurer will assign defense counsel, pay the legal fees, and pay any settlements or judgments as the policy permits. Few equine associations are financially capable of paying these expenses on their own, without coverage.

Keep in mind that event insurance policies can be complicated. Policies sometimes exclude coverage for claims brought by participants who are injured while practicing for or participating in the event. In a 1979 case, for example, a cutting horse competitor died after his horse slipped and fell on him during competition. His estate blamed the fall on improper arena footing and sued. Wisconsin’s Supreme Court held that coverage was excluded for that case because the competitor was a “participant,” and the event policy excluded coverage for claims involving injured participants. Carefully discuss your coverage options with a knowledgeable insurance agent.

Participant waivers/releases 

Show management can consider requiring all participants of legal age (or, where allowed by law, the minor participants’ parents or legally appointed guardians) to sign liability releases. In the eyes of the law, horse trainers very rarely qualify as “guardians” for their clients’ minor children. Courts in most states have shown a willingness to enforce releases – if they are properly written and signed. As this blog has explained in the past, some states prevent parents from releasing claims of their minor children through pre-incident waivers or releases.

“Warning” Signs

Equine activity liability acts (now in all states except New York, California, and Maryland) sometimes provide that “equine activity sponsors” should post “warning” or other signs.

Showground Rental Agreement Issues

Clubs should be extra careful before signing contracts to rent showgrounds. For example, the property owner renting the showgrounds for the event might require the club to sign leases. While these documents can be tremendously important, they sometimes include provisions that cause trouble down the line. For example, property leases sometimes include indemnification and “hold harmless” clauses through which the club must release and protect the property owner – even if the property owner was at fault for causing an injury (such as defective stalls or a sound system that generates loud pings that scare horses). Also, rental contracts sometimes require the club to name the property owner as an “additional insured” on the club’s event liability policy. Read all contracts carefully and seek counsel when needed.

Conclusion

Equine events can generate serous liabilities. Associations and clubs would be wise to plan ahead to avoid or respond to them.

This blog post does not constitute legal advice. When questions arise based on specific situations, direct them to a knowledgeable attorney.

Categories: Insurance, 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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Contact Us - Julie Fershtman

"Julie Fershtman is considered by many to be the nation's leading expert on equine activity liability acts. Her 30-minute presentation for a recent educational webinar on equine activity liability acts for the American Horse Council is available for viewing. Please take a look, here's a link: https://www.youtube.com/watch?v=hCROISSPMJs

Fershtman’s Equine Law Book Wins Fourth National Award

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. 

The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021 

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

Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0

Equine Blog Ranked in Feedspot

Foster Swift's Equine Law Blog was ranked #8 in Feedspot.com's "15 Best Equine Law Blogs and Websites".

Upcoming Speaking Engagements

In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:

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

Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0

Honors & Recognitions

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 

Some of our Equine Law Services

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.

Litigating a wide variety of equine-related disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).

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. 

THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER

Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie directly.

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