– S.R. (North Carolina)

Releases of Liability

A release of liability (also called a “waiver”) is an agreement in which a person agrees not to bring a claim or suit. Under the law of most states, these documents are valid and enforceable, with certain exceptions (my past articles and books have explained these exceptions).

Effective Dates

S.R., asks how long releases last. The answer depends on certain factors. Here are two of them:

*           How the release is written. Some releases, by their terms, were only meant to apply to one day or event. For example, I have seen releases specify that the signer is only releasing the stable, event provider, or facility for activities on a specific date. Obviously, these documents limit themselves and should be re-drafted so that the intention is clear that the document applies to a longer period of time.

*           State Equine Activity Liability Laws. State equine activity liability laws might tell how long a release lasts. Ohio’s Equine Activity Liability Act, for example, includes the following language:

           “a waiver that pertains to equine activities sponsored by a school, college, or university shall apply to all equine activities in which the equine activity participant who is the subject of the waiver is involved during the twelve-month period following the execution of the waiver.”

This means that a school, college or university in Ohio will need to ask its students to re-sign their liability releases each year.

Write a Release Yourself?

To be properly worded, a liability release should take into account the requirements of the state. Only a small number of states will not enforce liability releases, but the overwhelming majority of states will. (My articles and books have explained in greater detail how releases are worded, how they are enforced, and what makes them fail.)

Many people in the horse industry try to draft liability releases all by themselves or use “one-size-fits-all” forms, never bothering to make sure that the documents meet the legal requirements for their state or their activities. Is this a good idea?

Releases of liability are important documents that can be powerful enough to stop a multi-million dollar lawsuit against you in its tracks. Documents that are drafted without a lawyer’s attention run a serious risk of failing in a legal challenge. In the process of drafting a release that stands the greatest chance of being enforced, a lawyer will research applicable statutes to determine what state-specific language must be included. Equally important, a trained lawyer can review court rulings from the state to find what other language a release must include to comply with state law. States differ widely as to the language that must be included within releases of liability.

Certainly, keep in mind that there is never a 100% guarantee that a court will accept a liability release and enforce it. For this reason, people who use liability releases should purchase appropriate liability insurance for their equine-related activities.

This article does not constitute legal advice. When questions arise based on specific situations, direct them to a knowledgeable attorney.

About the Author

Julie I. Fershtman is an attorney with 19 years of experience who gets results for her clients. In 2004, alone, she won 3 jury trials, 2 appeals, and a major federal court case, all on equine-related cases. An independent lawyer rating service gives her its highest rating. She can be reached at (248) 851-4111, ext. 160. To learn more, visit www.equinelaw.net and www.equinelaw.info.

Protect yourself by reading Ms. Fershtman’s books. In plain and simple language the books help you avoid legal disputes. MORE Equine Law & Horse Sense sells for $22.95 + $5 shipping and handling, and Equine Law & Horse Sense sells for $17.95 + $5 shipping and handling. Order both books together for $42.90, first-class shipping included. Michigan residents add 6% sales tax. To order, call Horses & The Law Publishing at 866- 5-EQUINE, a toll-free number. Or, mail check or money order to Horses & The Law Publishing, P.O. Box 250696 Franklin, MI 48025-0696.