Equine Activity Statutes
As of 2023, only three states, California, Maryland and New York, do not have equine activity statutes (though New York has a “safety in agricultural tourism act” that defines certain responsibilities for visitors to agricultural facilities). Do equine activity statutes offer real protection for horse people? If so, what protection do they provide, and are there any traps for the unwary?
What Are Equine Activity Statutes?
Equine activity statutes are laws designed to limit liability for injuries and deaths connected with horse-related activities. The principle of equine activity statutes is a long-standing legal doctrine, “assumption of the risk.” A person assumes the risk of participating in an activity if they have full knowledge of the risks involved and decide to participate anyway. Assumption of the risk is often a successful legal defense in horse accident cases, even in states without equine activity statutes.
How Can Equine Activity Statutes Benefit Me?
Equine activity statutes have two key benefits. First, they discourage people from suing. Plaintiffs’ attorneys often work on contingency (they get paid only if their client wins) and therefore, they prefer to take on cases they believe they can win. If an equine activity statute means the case will be harder to win, plaintiffs’ attorneys will be less likely to take the case. Potential plaintiffs will therefore have a more difficult time finding an attorney to represent them, resulting in fewer lawsuits filed. If fewer attorneys are interested in taking a case, the potential plaintiff will also likely pay more for legal representation, making them less likely to file a lawsuit.
By bolstering the available legal defenses, equine activity statutes may also result in earlier settlements and lower settlement amounts. Equine activity statutes can also help end a lawsuit earlier, thereby reducing defense costs. If a lawsuit is dismissed at the summary judgment phase, the parties can avoid preparing for and going to trial, typically the most expensive part of a lawsuit.
Equine activity statutes also have an ancillary benefit. Lower defense costs, fewer lawsuits and less expensive settlements mean less risk for insurance companies. Lower risk means that more insurance companies are willing to write coverage, and more competition equals lower rates for insureds.
What are the Disadvantages of Equine Activity Statutes?
Living in a state with equine activity statutes can lull horse owners into a false sense of security. Many people have the misconception that equine activity statutes give them complete immunity from any liability associated with any horse activity, and therefore they do not need liability releases or even insurance. That is simply false.
Common Exceptions and Variations
Negligence and Intentional Conduct. Most state equine activity statutes specifically exclude negligence and willful misconduct. For example, Kansas’ equine activity statutes specifically do not cover a person who “commits an act or omission that falls below the standard of care of a reasonable domestic animal activity sponsor…or injures the participant by willful, wanton or intentional conduct.”
Spectators. Spectators and people attending equine activities but not directly participating are often excluded from coverage under equine activity statutes. For example, Oregon’s equine activity statutes specifically exclude “a person who participates in the equine activity but does not ride, train, drive, groom or ride as a passenger upon an equine.”
What Animals are Included. Different states define “equine” differently, and some states, such as Texas, include other types of farm animals. Utah’s equine activity statutes define “equine” as “any member of the equidae family.” Ohio’s equine activity statutes include zebras, zebra hybrids and alpacas. Virginia’s equine activity statutes define “equine” as “a horse, pony, mule, donkey, or hinny.”
Horse Racing. Some state equine activity statutes, such as Iowa’s and New Mexico’s, specifically include horse racing among the covered activities. However, many other equine activity statutes, such as those for Missouri and New Jersey.
Providing Tack and Equipment. Many state equine activity statutes contain exceptions relating to tack and equipment. For example, Washington’s equine activity statutes specifically exclude situations in which the “equine activity sponsor or the equine professional…provided the equipment or tack and the equipment or tack caused the injury.”
Suitability of Horse and Rider. Many state equine activity statutes contain exceptions relating to properly matching horses to riders’ abilities. For example, Indiana’s equine activity statutes specifically exclude situations in which “an equine activity sponsor or equine professional…provided the equine and failed to make reasonable and prudent efforts based upon the participant’s representations of the participant’s ability to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular equine.”
Warning Sign Requirements
Equine activity statutes frequently require warning signs to be posted at the equine facility, and the requirements are often very specific. For example, North Carolina’s equine activity statutes specify that warning signs must be in black letters and all letters must be at least 1” tall, and Arkansas’ equine activity statutes require specific language in addition to the color and size.
Liability Release Requirements
State equine activity statutes vary widely in what, if anything, they require for liability releases. Many state equine activity statutes, such as those for Hawaii and Colorado, say nothing about liability releases. Other state equine activity statutes, such as those for Nebraska and Wisconsin, require specific language.
What Are Equine Activity Statutes?
Equine activity statutes are laws designed to limit liability for injuries and deaths connected with horse-related activities. The principle of equine activity statutes is a long-standing legal doctrine, “assumption of the risk.” A person assumes the risk of participating in an activity if they have full knowledge of the risks involved and decide to participate anyway. Assumption of the risk is often a successful legal defense in horse accident cases, even in states without equine activity statutes.
How Can Equine Activity Statutes Benefit Me?
Equine activity statutes have two key benefits. First, they discourage people from suing. Plaintiffs’ attorneys often work on contingency (they get paid only if their client wins) and therefore, they prefer to take on cases they believe they can win. If an equine activity statute means the case will be harder to win, plaintiffs’ attorneys will be less likely to take the case. Potential plaintiffs will therefore have a more difficult time finding an attorney to represent them, resulting in fewer lawsuits filed. If fewer attorneys are interested in taking a case, the potential plaintiff will also likely pay more for legal representation, making them less likely to file a lawsuit.
By bolstering the available legal defenses, equine activity statutes may also result in earlier settlements and lower settlement amounts. Equine activity statutes can also help end a lawsuit earlier, thereby reducing defense costs. If a lawsuit is dismissed at the summary judgment phase, the parties can avoid preparing for and going to trial, typically the most expensive part of a lawsuit.
Equine activity statutes also have an ancillary benefit. Lower defense costs, fewer lawsuits and less expensive settlements mean less risk for insurance companies. Lower risk means that more insurance companies are willing to write coverage, and more competition equals lower rates for insureds.
What are the Disadvantages of Equine Activity Statutes?
Living in a state with equine activity statutes can lull horse owners into a false sense of security. Many people have the misconception that equine activity statutes give them complete immunity from any liability associated with any horse activity, and therefore they do not need liability releases or even insurance. That is simply false.
Common Exceptions and Variations
Negligence and Intentional Conduct. Most state equine activity statutes specifically exclude negligence and willful misconduct. For example, Kansas’ equine activity statutes specifically do not cover a person who “commits an act or omission that falls below the standard of care of a reasonable domestic animal activity sponsor…or injures the participant by willful, wanton or intentional conduct.”
Spectators. Spectators and people attending equine activities but not directly participating are often excluded from coverage under equine activity statutes. For example, Oregon’s equine activity statutes specifically exclude “a person who participates in the equine activity but does not ride, train, drive, groom or ride as a passenger upon an equine.”
What Animals are Included. Different states define “equine” differently, and some states, such as Texas, include other types of farm animals. Utah’s equine activity statutes define “equine” as “any member of the equidae family.” Ohio’s equine activity statutes include zebras, zebra hybrids and alpacas. Virginia’s equine activity statutes define “equine” as “a horse, pony, mule, donkey, or hinny.”
Horse Racing. Some state equine activity statutes, such as Iowa’s and New Mexico’s, specifically include horse racing among the covered activities. However, many other equine activity statutes, such as those for Missouri and New Jersey.
Providing Tack and Equipment. Many state equine activity statutes contain exceptions relating to tack and equipment. For example, Washington’s equine activity statutes specifically exclude situations in which the “equine activity sponsor or the equine professional…provided the equipment or tack and the equipment or tack caused the injury.”
Suitability of Horse and Rider. Many state equine activity statutes contain exceptions relating to properly matching horses to riders’ abilities. For example, Indiana’s equine activity statutes specifically exclude situations in which “an equine activity sponsor or equine professional…provided the equine and failed to make reasonable and prudent efforts based upon the participant’s representations of the participant’s ability to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular equine.”
Warning Sign Requirements
Equine activity statutes frequently require warning signs to be posted at the equine facility, and the requirements are often very specific. For example, North Carolina’s equine activity statutes specify that warning signs must be in black letters and all letters must be at least 1” tall, and Arkansas’ equine activity statutes require specific language in addition to the color and size.
Liability Release Requirements
State equine activity statutes vary widely in what, if anything, they require for liability releases. Many state equine activity statutes, such as those for Hawaii and Colorado, say nothing about liability releases. Other state equine activity statutes, such as those for Nebraska and Wisconsin, require specific language.
The Bottom Line
If you live in a state that has an equine activity statute:
If you live in a state that has an equine activity statute:
Resources:
National Agricultural Law Center compilation of equine activity statutes with interactive map.
Places to buy equine activity statute warning signs: Country Supply, Valley Vet, Amazon, SmartPak
National Agricultural Law Center compilation of equine activity statutes with interactive map.
Places to buy equine activity statute warning signs: Country Supply, Valley Vet, Amazon, SmartPak