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What is an “Inherent Risk” With Horses?

Nationwide, 47 states now have some form of an equine activity liability act (“EALA”). All of these laws differ, but most share common characteristics. EALAs often provide that “equine activity sponsors,” “equine professionals,” or “another person” are not liable if the “participant” sustained injury, death, or damage as a result of an “inherent risk of equine activity.” Georgia’s EALA, for example, defines “inherent risk” this way:

‘Inherent risks of equine activities’ . . . means those dangers or conditions which are an integral part of equine activities or llama activities, as the case may be, including, but not limited to:
(A) The propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them;
(B) The unpredictability of the animal's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals;
(C) Certain hazards such as surface and subsurface conditions;
(D) Collisions with other animals or objects; and
(E) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.

A frequent issue is whether the EALA bars an injured person’s claim because an “inherent risk of equine activity” caused the injuries. Numerous courts around the country have grappled with this issue. Let’s review a sampling of the cases.

An “Inherent Risk” Caused the Injuries and Warranted Dismissal

Here are a few cases where courts dismissed lawsuits based on a state EALA, finding that an “inherent risk” caused the injuries under the facts of the case.

  • Ohio - A horse’s reaction to a dog, which jumped at the horse’s back legs, was deemed an “inherent risk” under Ohio’s EALA.
  • Indiana - Getting trampled by a loose horse at an event was an “inherent risk of equine activity” under Indiana’s EALA.
  • Kentucky - A horse spooking from the sound of an opening gate was an “inherent risk” under Kentucky’s EALA.
  • Texas - A horse spooking during a trail ride, while riding across muddy and swampy terrain, was an “inherent risk” under the Texas EALA.
  • New Jersey - A horse backing and tripping over a cavaletti in the riding lesson arena was an “inherent risk” under New Jersey’s EALA.
  • Texas - A horse’s violent reaction to the bite from a fire ant was deemed an “inherent risk” under the Texas EALA.
  • Wyoming - The risk of a saddle slipping during a trail ride was an “inherent risk” under Wyoming’s EALA.

Courts Found that “Inherent Risk” Was an Issue for the Jury to Decide

In these cases, courts ruled that a jury needed to decide whether an “inherent risk” caused the injuries and would not dismiss the cases outright.

  • Wyoming - Court found that a trail ride staff’s alleged failure to saddle a horse with even stirrups was an issue of fact for the jury.
  • Hawaii - Whether plaintiff’s injury from a horse bite during a trail ride was caused by an “inherent risk” was considered to be a question of fact for the jury.

Conclusion

Equine activity liability acts have been credited with dismissing some equine and equestrian-related cases, but the issues can become complicated, and there is never a guarantee that a court will dismiss a case based on the facts and the applicable law. Plan ahead, stay properly insured, and comply with state EALA requirements that apply to you.

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

Categories: 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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