Individual Horse Owner
Liability and Insurance
As an equine attorney, I'm often
asked to give presentations on equine liability. It's a very
broad topic, of course, so I try to tailor it to the
audience. Many of the audience members are individual horse
owners. Here are some common areas of concern, and some
recommendations for how to address those concerns.
What if My Horse Injures
Another Person or Another Horse?
Just because a horse injures someone
doesn't automatically mean the horse owner will have
liability for the injury. The horse owner must be at fault.
Common scenarios in which the horse owner might be at fault:
-The horse has a dangerous habit, such
as kicking or biting. The horse owner fails to warn of the
danger. The horse's dangerous behavior then causes injury to
someone unaware of the horse's tendencies.
-The horse owner rides or handles the
horse in a way that is negligent. As a result of the
negligent riding or handling, the horse then injures
someone. For example, a show rider might run over another
horse and rider in a crowded warm-up arena because the show
rider is on their cell phone and not looking where they are
going.
-The horse owner fails to provide
adequate fencing or stall door latches, and the horse gets
loose. The horse runs out onto the road in an area that is
not legally designated as "open range." A passing motorist
doesn't see the horse in time to avoid an accident, and the
motorist is injured.
The Role of Liability Releases
Liability releases serve two very valuable functions.
First and foremost, they discourage people from suing in the
first place. They can also provide a viable legal defense
and prevent the person suing from winning their case. What
they don't do is pay for the cost of your legal defense, and
if you lose, the cost of the legal judgment. That's where
insurance comes in.
What About Homeowners'
Insurance?
Many horse owners are under the
impression that if their horse injures someone, their
homeowners' insurance will provide coverage. Only when the
accident actually happens and they really need coverage do
they find out that their insurance may not help them. Most
policies have a very small cap on medical expense payouts.
Some homeowners' policies will not provide coverage if the
horse is not kept at home. Others have specific exclusions
for livestock. In many cases, if you lease your horse, that
will be considered a commercial use and therefore excluded
from your homeowners' insurance. Best to check with your
homeowners' insurance agent and read your policy before you
actually need the coverage.
Liability Insurance for
Individual Horse Owners
There are
liability policies specifically for horse owners. These
policies are very inexpensive, and can provide coverage and
peace of mind. Member benefits for
United States Equestrian
Federation include a basic horse owner's liability
policy, and the cost of a membership is typically less than
the cost of buying the policy separately.
