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.
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.
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.
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.
Julie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. A frequent author and speaker on legal issues, she has written over 400 published articles, three 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.View All Posts by Author ›
Our Equine law blog (and its author) in the news!
Julie Fershtman, author of our popular and prolific Equine Law Blog, was interviewed by the State Bar of Michigan. The interview, which called Fershtman "Lawyer-Blogger," discussed our Equine Law Blog. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. Read more here.
Julie Fershtman’s Recent and Upcoming Equine Law Speaking Engagements Include:
National Conference on Equine Law in Louisville, Kentucky on April 29, 2020. Topic will be on Waivers/Releases of Liability Involving Minor Participants.
U.S. Hunter Jumper Association (USHJA) Annual Convention in Denver, Colorado on December 10, 2019. Topic will be on Equine Liability.
IRMI Emmett J. Vaughan Agribusiness Conference (“AgriCon”) in Sacramento, CA (April 2019), and Richmond, VA (June 2019) and in Des Moines, IA (September 2019), on topics of “Equine Activity Liability Acts” and “Equine Mortality Insurance Disputes.”
National Conference on Equine Law in May 2019 in Lexington, KY, on the topic of “Equine Activity Liability Act Updates” and liabilities involving hosting of equine clinics.
Agricultural Claims Conference in Kansas City, MO, in March 2019 on topics of “Loose Livestock Liabilities.”
2018 American Bar Association Annual Meeting in Chicago, IL, on “Equine Mortality Coverage and Disputes.”
November 2018, American Horse Council webinar on “Equine Liability.”
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
What our Equine Law Services can Provide
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 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, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association 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.
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