Horse Owner Liability Checklist
Horse ownership is a joy, whether you’re hitting the trails, heading to horse shows, or galloping along a beach. But is potential liability lurking in the shadows, just waiting to ruin the fun? Go through this quick checklist and find out before it’s too late.
If You Own a Horse
√ You have reviewed your insurance policies and are confident you’ll be covered if your horse injures or kills a person or another horse, or causes property damage, no matter where the incident takes place.
Why this matters: If you are sued and don’t have insurance to pay for your legal defense, you could easily spend tens of thousands of dollars to defend yourself, with no hope of getting your money back, even if you ultimately prevail in the lawsuit.
If You Let Friends or Family Ride or Handle Your Horses
√ You have a good-quality liability release designed for letting friends and family ride and handle your horses, and you have them sign it before they come anywhere near your horses. And if any friends or family members are under 18, you have their parent or guardian sign a liability release that includes an indemnification provision.
Why this matters: While you’d certainly like to think your friends and family wouldn’t sue you if your horses injured them, you won’t really know for certain until and unless it happens. And even if they don’t sue you, someone else might, such as the health insurance company that paid their hospital bills. Because minors can’t sign away their own rights (with some exceptions that don’t apply in this context), a parent or guardian must sign a liability release for them. A well-written indemnification provision provides additional protection because it requires the parent or guardian signing the release to pay for your legal defense if anyone else sues you in connection with the minor riding or being around your horses.
If You Haul Friends’ Horses
√ You have your friends sign a hauling liability release before their horse steps into your trailer.
Why this matters: If you are hauling a friend’s horse, and are involved in a collision that kills or injures your friend’s horse, you could be liable to your friend for damages. Even if you have your horse trailer insured, the typical policy only covers damage to the trailer, and not the contents, including horses, tack, etc.
If You Keep Your Horses at Home
√ Your property has a secure perimeter fence, and you keep all gates closed.
Why this matters: If your horses happen to get loose and wander out onto the road, they could be hit by a passing motorist. Not only is this likely to have a tragic outcome for both the motorist and your horses, you could be liable to the motorist (or their survivors) for damages.
If You Have a Horse that Bites
√ You keep the horse in a secure enclosure prominently posted with warning signs.
Why this matters: You know your horse bites and is therefore more dangerous than the average horse. If you fail to warn people who might come into contact with your horse (such as passers-by in a boarding stable), you could be liable for damages if your horse bites someone.
If You Have a Horse that Kicks
√ You tie a red ribbon to your horse’s tail whenever you are in an environment where your horse may come into contact with other horses.
Why this matters: You know your horse has a tendency to kick at other horses, and is therefore more dangerous than the average horse. If you fail to warn other riders who might pass by your horse or come up behind your horse, you could be liable for damages if your horse kicks and causes injury to another horse and/or person.
If You Own a Horse
√ You have reviewed your insurance policies and are confident you’ll be covered if your horse injures or kills a person or another horse, or causes property damage, no matter where the incident takes place.
Why this matters: If you are sued and don’t have insurance to pay for your legal defense, you could easily spend tens of thousands of dollars to defend yourself, with no hope of getting your money back, even if you ultimately prevail in the lawsuit.
If You Let Friends or Family Ride or Handle Your Horses
√ You have a good-quality liability release designed for letting friends and family ride and handle your horses, and you have them sign it before they come anywhere near your horses. And if any friends or family members are under 18, you have their parent or guardian sign a liability release that includes an indemnification provision.
Why this matters: While you’d certainly like to think your friends and family wouldn’t sue you if your horses injured them, you won’t really know for certain until and unless it happens. And even if they don’t sue you, someone else might, such as the health insurance company that paid their hospital bills. Because minors can’t sign away their own rights (with some exceptions that don’t apply in this context), a parent or guardian must sign a liability release for them. A well-written indemnification provision provides additional protection because it requires the parent or guardian signing the release to pay for your legal defense if anyone else sues you in connection with the minor riding or being around your horses.
If You Haul Friends’ Horses
√ You have your friends sign a hauling liability release before their horse steps into your trailer.
Why this matters: If you are hauling a friend’s horse, and are involved in a collision that kills or injures your friend’s horse, you could be liable to your friend for damages. Even if you have your horse trailer insured, the typical policy only covers damage to the trailer, and not the contents, including horses, tack, etc.
If You Keep Your Horses at Home
√ Your property has a secure perimeter fence, and you keep all gates closed.
Why this matters: If your horses happen to get loose and wander out onto the road, they could be hit by a passing motorist. Not only is this likely to have a tragic outcome for both the motorist and your horses, you could be liable to the motorist (or their survivors) for damages.
If You Have a Horse that Bites
√ You keep the horse in a secure enclosure prominently posted with warning signs.
Why this matters: You know your horse bites and is therefore more dangerous than the average horse. If you fail to warn people who might come into contact with your horse (such as passers-by in a boarding stable), you could be liable for damages if your horse bites someone.
If You Have a Horse that Kicks
√ You tie a red ribbon to your horse’s tail whenever you are in an environment where your horse may come into contact with other horses.
Why this matters: You know your horse has a tendency to kick at other horses, and is therefore more dangerous than the average horse. If you fail to warn other riders who might pass by your horse or come up behind your horse, you could be liable for damages if your horse kicks and causes injury to another horse and/or person.