Julie Fershtman, Attorney at Foster Swift Collins and Smith, P.C. in Michigan, is one of the top equine law attorney's in the country. She recently spoke to horse owners at the Equine Business Conference on the issue of legal liability and contracts, a very important topic for horse owners.
46 states nation wide with equine liability laws
The issue of legal liability and contracts is a very important topic for horse owners.
“Nation wide, 46 states have equine liability laws. Every single one of the laws differs in many different ways,” Fershtman said.
In Colorado, the equine liability warning signs must be posted by every equine professional. The goal of the sign is to warn people about the risks involved with an equine activity, and to help the equine professional avoid lawsuits.
She definted “Engages in an equine activity,” as meaning riding, training, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted or any person assisting a participant or show management.
The term “engages in an equine activity” does not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the equine activity, according to Colorado law.
The law states that the inherent risks are: (I) The propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; (II) The unpredictability of the animal's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (III) Certain hazards such as surface and subsurface conditions; (IV) Collisions with other animals or objects; (V) 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.
Exceptions do exist. “In just about every state with an equine liability law, there are exceptions. This is where your lawsuits will come from,” Fershtman said.
Fershtman encourages all horse owners to educate themselves on liability laws related to equine activity in their particular state.