{ Banner Image }

Trainer Liabilities for Horses in Their Care and How Trainers and Horse Owners Can Protect Themselves

Dan hired a trainer, Sarah, to train his horse and haul it to a few shows during the year. While under Sarah’s care, however, Dan’s horse colicked, and a veterinarian had to put the horse down. Should Sarah, the trainer, be responsible for paying for the loss of Dan’s horse and his vet bills?

What the Law Expects of a Trainer’s Services

When a person, such as Dan, leaves a horse with a trainer for care, keeping, and training, the law generally requires the trainer to use “reasonable care” in carrying out these tasks. This means that the trainer must use the degree of care that a prudent and careful trainer would use in similar circumstances.

Clients like Dan who bring claims against their trainers for injuries to or losses of their horses must prove that the trainer somehow fell short of this standard, that the trainer's failings were the legal cause of the horse’s demise, and that the trainer should be legally accountable for damages that resulted. 

Difficulties and Complexities of Suing Horse Trainers

The loss of a horse is unfortunate, but courts will expect Dan to do far more than point to the loss of his horse and blame the trainer. He will need to prove that the trainer is legally responsible. This can be a complicated process for a few reasons:

  • Even with the best possible care, horses can develop colic.
  • Dan’s horse might have harbored a condition that made it more likely to colic, having nothing to do with the quality of care that Sarah and her staff gave.
  • To prove that improper care caused his horse's demise, Dan may need to retain an expert witness veterinarian. That expert would evaluate the evidence, such as necropsy information, veterinary records, surgical records, evaluation of the horse (if it is alive), and all other documents. The expert might also need to conduct further tests on the horse. Afterwards, Dan would expect the expert to issue a conclusion supportive of Dan’s case.
  • People may be unwilling to testify against the trainer. The trainer may have several customers and employees who have seen first-hand the care and attention that the trainer gave Dan's horse. Still, they might not want to be involved. Even if Dan’s lawyer subpoenas them to testify at a deposition or trial regarding the trainer’s care, their testimony could be unpredictable.

What the Trainer Stands to Lose

If Dan wins his case against the trainer, he might, at a minimum, seek to collect the horse’s value immediately before the death plus (where allowed by law) the decrease in the horse's value that he attributes to the trainer's care. His case might also seek expenses he incurred while trying to bring his back to health, such as veterinary bills, equine hospitalization costs, and hauling fees. Depending on the circumstances and applicable law, he might also seek to recover the value of any lost foals or lost net earnings from races, shows, or stud fees. Under prevailing law in most states, Dan cannot expect to recover losses from “pain and suffering.”

Damage Control for Trainers and Horse Owners

Through careful advance planning, horse trainers and owners can try to protect themselves from problems before they occur.

Trainers

  • Liability Insurance. Liability insurance will not prevent problems from happening, but it could spare trainers the burden of hiring a lawyer or settling disputes with their own funds. For equine businesses, the typical insurance is Commercial General Liability Insurance and/or Equine Professional Liability Insurance, but trainers may need more. Because these liability insurance policies may not protect trainers against claims involving horses that are injured or die due to the trainer’s negligence while the horse is in the trainer’s care, custody, and control, trainers should consider purchasing an extra coverage endorsement known as “Care, custody, and control” insurance (some companies call it “care custody, or control” insurance or a “bailee coverage legal liability” policy). Discuss appropriate coverages and policy limits with a knowledgeable insurance agent.
  • Liability releases. In most states, courts have enforced liability releases – as long as the documents are properly worded and signed. Trainers can consider including properly-worded liability releases within their training contracts (where allowed by law). Our blog discussed this issue recently. Here is a link.

Owners

  • Equine insurance. Horse owners can contact a knowledgeable insurance agent about purchasing mortality, major medical, and/or loss of use insurance. These coverages are designed to compensate horse owners for the covered loss of a horse and for certain expenses associated with the horse’s veterinary care. Keep in mind that insurers, after they pay claims, almost always have the right to bring legal action against parties who might be responsible for causing the loss. This legal concept is called “subrogation,” and equine insurers might pursue it against trainers believed to be negligent.

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

Categories: Liability

Photo of Julie I. Fershtman
Shareholder

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.

View All Posts by Author ›

Type the following characters: six, november, six, hotel, niner, niner

* Indicates a required field.

Subscribe to RSS»
Get Updates By Email:

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.

Follow Us on Twitter!

Follow us for updates regarding news, cases, disputes, and issues regarding Equine Law. @horselawyers