Equine Activity Statutes – Part 3: Exceptions and Other Considerations This post is one piece of a 3-part series on Equine Activity Statutes. Make sure you’ve read Part 1 and Part 2 before continuing. Another often litigated question in cases that potentially involve the state’s equine activity statute is whether one of the statutory exceptions to immunity apply. These are situations where the injured party is a “participant”, the defendant is an “equine activity sponsor/professional” and the injury was caused by an “inherent risk of equine activity”, but the court still may not dismi ..read more

Equine Activity Statutes – Part 1: Participants and Professionals We’ve all seen the signs posted at private horse farms and public equestrian facilities stating: WARNING – AN EQUINE ACTIVITY SPONSOR OR PROFESSIONAL SHALL NOT BE LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITIES. Or some variation of that language, depending on your state. For those of us who have read the statute in its entirety, you’ll know that these statutes typically go on to describe who an “equine activity sponsor” or “professional” is, what an “inherent risk ..read more

Get it in Writing Oral contracts are enforceable in most states depending on the subject matter of the agreement. Verbal contracts contain all of the same elements of a written contract, with the exception that the agreement has not been memorialized in a written document. In disputes over verbal agreements, because there is no writing to look to, the terms of the agreement must be figured out by testimony from the parties, the parties’ conduct, and from any witnesses or other supporting evidence to the agreement. Often, this means a substantial amount of time and costs can go into ascertaini ..read more

Alternative Therapeutic Options In many states, although often considered a therapeutic option or alternate therapy, the practice of acupuncture, animal “chiropractic”, magnetic field therapy, massage, homeopathy, and physical therapy are considered to be within the scope of veterinary medicine and therefore unlawful for non-veterinarians to perform these services. While some states do allow veterinarians to delegate the performance of these modalities to non-veterinarians, the service typically must be provided either under the veterinarian’s direct supervision or by referral once certain c ..read more

Express Warranties Mary listed her 9-year-old warmblood, Hank, for sale on several online horse marketing sites. In her sale advertisements, Mary described Hank as being well trained, able to take a joke, a push ride, clever, sound, and worth the money. After a few tire-kickers, Susan came to test ride Hank and fell in love. Mary and Susan negotiated the purchase price, they each signed a bill of sale, and the following day Susan transported Hank to her farm. A month after the purchase, Susan had Hank examined by a veterinarian because Hank had been acting as though he was having vision prob ..read more

Loose Livestock: Liability for Horses Running at Large It was cloudy and rainy when Steve was driving his Ford Super Duty home from working a 16-hour shift. Steve dosed-off a few times during the drive and in an effort to keep himself awake, he momentarily took his eyes off the road to turn up the radio.  As he looks back up, he sees a horse standing in the middle of the road.  Unable to respond fast enough, Steve broadsides the horse.  The impact causes Steve’s car to veer off the road over an embankment and the horse is killed on impact.  Steve is severely injured a ..read more

Emotional Damages  Content Warning This article contains content that may be troubling for some readers. (animal abuse, death) “Mere Property” or Beloved Family Member? How does your state treat an animal owner’s emotional suffering or the pain and suffering of the animal itself, when a pet has been harmed by someone’s negligent or intentional conduct? There is significant divergence among the states in how (and if) a pet owner’s emotional damages will be compensated for when someone has killed or harmed their animal. Some states will take into account the loss of companionship, love ..read more

Breach of Bailment Liability for injuries to horses most often arises in the boarding/training or veterinary malpractice context. Having your horse at a boarding or training facility creates a bailment relationship between the stable and the horse owner. This relationship forms when a horse is delivered to the stable for a specific purpose, like board, training, and/or sale, pursuant to an express or implied contract. For instance, in exchange for $1,400 a month, the stable will care for and train the horse during the term of the agreement. After the purpose of the agreement has been fulfille ..read more

Working Students & Labor Laws Does Your Unpaid “Working Student” Expose You to Liability Under the Fair Labor Standards Act? Many of the best and most successful trainers utilize “working students”, and more often than not, these trainers have at one point been a working student themselves. Working students are viewed as a critical component of the equine industry, the positions are often highly coveted and competitive to obtain, and they leave the student with an invaluable experience that prepares them for the equestrian “real world”. These positions typically require long hours of ph ..read more

Contractually Managing Risks Many horse trainers, instructors, facility owners, and even private horse owners have participants sign assumption of risk agreements, liability waivers, and/or hold harmless agreements in an attempt to avoid or minimize their liability for injuries that occur to horses under their care and to humans while at their farm. Many participants and facility owners, however, are unaware of certain constraints courts have placed on the enforceability of these types of documents in their state. In some states, only property damage, not personal injury, can be contemplated ..read more