Most horse riders and owners appreciate the many risks involved in horse riding, and industry professionals usually have some awareness of equine liability legislation, but many fail to fully understand it.  A common misconception is that equine liability legislation provides blanket protection from legal action in the event of an accident, however there are exceptions that you should be aware of.  Each state’s legislation varies, all have general provisions that many participants are aware of; equine professionals are not liable for injuries due to inherent risks associated with horse riding activities, but there are limitations to this which are less understood.

Having consulted on many cases involving riding accidents, it has become apparent there are three general areas of concern that consistently arise:

• Aspects relating to the suitability of the horse for the rider.
• Issues arising from the environment where the accident occurred.
• Suitability of the instruction given.

Industry professionals should take the time to research and fully understand the legislation that applies in their state and establish policies and procedures to help avoid accidents in the first place, but to also assist in their defense in the event legal action is bought against them. The adage “it’s better to have it and not need it…” could not be more apt when it comes to protecting yourself against potential litigation, and unfortunately having a signed waiver is simply not enough.  Be sure to watch for my upcoming articles on developing Policies and Procedures for Equine Professionals.

 Jenni Fugate is a team member of The Equine Expert LLC, a multi-discipline equine expert witness and consulting firm offering legal expert witness and consulting services in court cases, legal matters, appraisals and business affairs. Jenni is an expert in Arabians, Teaching, Dressage and Biomechanics. She is a native of Australia and has been working with horses since she was a child. She now lives in Utah on her farm where she trains and teaches. For more information on Jenni visit www.theequineexpert.com or you may contact Jenni at [email protected]. The opinions expressed are those of Jenni as an expert equestrian, and not that of an attorney.