(C) 2006, Julie I. Fershtman. All rights reserved.

Julie I. Fershtman, Attorney at Law
(248) 851-4111

The stable where I board my horse used to allow riding instructors to come over and teach lessons whenever they wanted. But now the stable has been making instructors show proof of liability insurance that names the farm. And the stable makes instructors show a release of liability. Other barns aren't so strict. Can you please shed some light on this for me?

- E.W. (No state specified)

I understand and support your boarding stable's new policy, as rigorous as it may seem. Equine professionals sometimes fail to undertake basic legal precautions such as liability releases, contracts, and liability insurance. While that may be their preference, the fact is that they are putting the stables they visit at risk.

In our litigious society, if a rider gets injured in a lesson, he or she often threatens both the instructor and the stable with a lawsuit. In the eyes of the law, these arrangements with roving professionals can get very complicated, giving both the stable and professional an incentive to make sure they are adequately protected.

The Visiting Equine Professional's Relationship With the Stable

Some equine professionals, such as horse trainers and instructors, have no home base and meet their clients at various stables. When they operate this way, the equine professionals are typically not employees of the stables they visit but have their own businesses. Problems sometimes arise when a customer is injured (or worse) in a lesson and seeks compensation. Since all equine activities carry risks, regardless of precautions, these foreseeable problems deserve careful advance planning and attention.

Why the Stable is at Risk of Being Sued

When an independent riding instructor give lessons at a boarding stable, he or she puts the stable at risk of being sued if something goes wrong. The fact is, lawyers who represent injured people often sue all persons or entities that have any possible connection to an incident. For example, a lawsuit involving the actions of a visiting riding instructor will sometimes join in any connected horse owners, land owners, and owners of the stable where the accident occurred. Whether these lawsuits are properly brought is not the point. What matters is that those who have been sued (or threatened with a suit) will need lawyers to defend them, and a legal defense can be expensive. At worst, these stables might also be looking at possible judgments or settlements to pay.

Protective Measures

Stables can make sure not only that visiting professionals are adequately protected but also that the stables, themselves, are protected. For example:

     * Liability releases. Nationwide, most states will enforce releases of liability (also called "waivers") when the documents have been properly drafted, presented and signed. Both equine professionals and stable owners can require everyone of legal age to sign their own liability releases. Where appropriate, stables can consider asking the equine professionals to include the stable in the section where the signer agrees not to sue certain persons or entities. Keep in mind that releases are not a substitute for liability insurance since people who sign these documents can, and sometimes do, bring lawsuits.

     * Liability Insurance. Even if the boarding stable has liability insurance, it might be surprised to learn that its insurer will refuse to defend it when someone is injured in a lesson. That is, if the stable does not provide training or lessons, chances are good that it sought no insurance coverage for these activities. As a result, the policy it received might not protect it when claims arise from these activities. By comparison, properly insured equine professionals should have this coverage. Consequently, stable owners and equine professionals can discuss designating the stable as an additional named insured on the professional's liability insurance policy. (The "additional named insured" designation generally means that the professional's insurer will cover the stable if it is sued arising from the wrongful or negligent acts of the professional). To assess whether they are sufficiently protected through arrangements like this, each party should discuss it with their own insurance agent and/or lawyer.

     * Equine liability laws. As of September 2006, 46 states have passed some form of an equine activity liability law. Many of these laws require "equine professionals" or "equine activity sponsors" to post state-specific warning signs. Stables can make sure that visiting equine professionals provide appropriate signs. Also, because many of these laws also require state-specific language in contracts and releases, stables can evaluate whether the professionals' contracts comply.

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

About the Author
Julie Fershtman, a lawyer for 20 years, is one of the nation's most experienced Equine Law practitioners. In 2004, alone, she won jury trials in 3 different states, 2 appeals, and a major federal court case, all on equine lawsuits. An independent lawyer rating service gave her its highest rating for abilities and ethics. She can be reached at (248) 851-4111, ext. 160. Visit www.equinelaw.net and www.equinelaw.info.

Learn more about Equine Law and avoid disputes by reading Ms. Fershtman's books. 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. To order, call Horses & The Law Publishing at 866- 5-EQUINE, a toll-free number. Or, send check or money order to Horses & The Law Publishing, P.O. Box 250696 Franklin, MI 48025-0696.