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Can You Release Equine Activity Liability Act Liabilities? The Answer May Surprise You

Courts in most states have shown a willingness to enforce liability waivers/releases – as long as the court was convinced that the documents were properly worded and signed. In the 47 states with Equine Activity Liability Acts (all states except for California, Maryland, and New York), can a pre-incident waiver/release, signed by the claimant, waive a claim based on the statute?

Over the years, courts in several states have explored this question. Most courts have answered “YES.”

The current majority view is that releases can bar claims based on an Equine Activity Liability Act (“EALA”), except for claims where the plaintiff has alleged “gross negligence” or “willful and/or wanton conduct.” This type of wrongdoing, most courts say, cannot be released. States where courts have ruled this way include Massachusetts, Utah, Colorado, Georgia, Ohio, Minnesota, Michigan, and Florida.

The current minority view is that EALA claims cannot be released. States where courts have ruled this way include New Jersey, Connecticut, and Tennessee.

Conclusion

Courts give releases of liability intense scrutiny. Those who use releases of liability should make sure that their documents comply with applicable state laws and are properly presented. Also, remember that releases are not a substitute for liability insurance; people who sign releases can, and sometimes do, file lawsuits. With this in mind, liability insurance is always important.

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

Categories: Liability

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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.

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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.

Honors & Recognitions

Equine lawyer, Julie Fershtman, has recieved 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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