Dear Readers:

*      While an outdoor horse show was in progress in Michigan, a horse in a practice pen broke away from its handler and ran loose on the grounds. Show management attempted to control the situation by having all competitors within the nearby arena come to a halt and announcing over the loudspeaker that a horse was loose. Moments later, however, a spectator got struck. He sued the show management, the owner of the loose horse, the trainer of the loose horse, and even the boarding stable from which the loose horse was hauled to attend the show.

*      At a horse show arena entrance/exit gate in Louisiana, two competitors exchanged pleasantries, but the horses were not so cordial. A horse kicked the other competitor. The injured competitor sued the owner of the kicking horse.

*      A contestant was competing in a cutting horse show in Wisconsin, but the horse lost its footing and fell on the rider, who later died from the injuries. The rider’s estate sued the show management claiming that the arena flooring, which was a few inches of dirt over a cement foundation, was insufficient and dangerous.

This author worked on one of these cases, representing show management.

When participants or spectators bring lawsuits as a result of injuries sustained at a horse show, the legal theories under which they sue are based on negligence or an applicable state equine activity liability act. Both liability theories are discussed briefly below.

Negligence

The one who brings a case of negligence (called the “plaintiff”) claims that the one allegedly at fault (called the defendant”) failed to act as a reasonably prudent person would have under similar circumstances. In the example above of the cutting horse competitor who died in competition, his estate brought a negligence claim against show management. The lawsuit blamed show management for failing to install a thicker layer of dirt footing over the arena’s cement floor.

Equine Liability Acts

As of July 2005, 45 states have equine activity liability acts on the books. These laws have been applied to horse show activities.

In the example above, which involved the horse who kicked a horse show competitor near the arena gate, that lawsuit proceeded under Louisiana’s Equine Activity Liability Act. The defendant claimed that the equine activity liability act protected him. He won, and the case was dismissed. Later, on appeal, the court upheld the dismissal for the reason that the plaintiff’s injuries were found to have resulted from “inherent risks” under the law and, as a result, no claim could be brought against the fellow competitor. Also, the appeals court found that the plaintiff had no valid basis to argue that the defendant engaged in "willful and wanton disregard" for the plaintiff's safety because evidence showed that the defendant’s horse was “a real calm, easy going horse” that never before kicked anyone and never was known to behave wildly.

Keep in mind that results like this cannot be expected under all equine activity liability laws. These laws differ, although some share common characteristics. As a result, each individual matter must be evaluated on its own merits and based on the language of the applicable state’s law.

Horse show management can take some measures to protect themselves. Here are a few:

1. Liability Insurance.

Liability insurance does not prevent lawsuits from happening but it can protect the finances of the group and its members if the worst case scenario should happen.
When it comes to liability insurance, unfortunately, horse owners and show management sometimes make risky assumptions. For example, some people assume that liability insurance has become unnecessary, especially with the advent of equine liability laws in 45 states. This assumption is a mistake; a careful reading of these laws will reveal that they do not permanently end all liabilities in the horse industry. Others assume they are already insured, when, in fact, they are not because their policies do not cover horses, do not cover activities of horses when they are off of the premises (such as at shows or events), or do not cover their “business pursuits.”

Do not rely on mere assumptions. Discuss your questions regarding insurance coverage with a knowledgeable insurance agent or attorney.

2. Strategies.

Even with a sincere and consistent dedication to safety, injuries can, and do, happen at horse shows. Show managers can develop plans for handling problems and emergencies and assign personnel for that purpose.

Also, show management can consider having participants of legal age sign properly worded liability releases (where allowed by law).

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 nearly 19 years of experience and an active law practice involving equine, business, and insurance law matters. In 2004, alone, she won 3 jury trials, 2 appeals and a major federal court case, all on equine-related matters. An independent lawyer rating service gives her its highest rating. She can be reached at (248) 851-4111, ext. 160.

Learn how to avoid legal disputes. Ms. Fershtman is the author of two books that educate horse owners and businesses about the law. 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.

(C) 2005, Julie I. Fershtman. All rights reserved.
Julie I. Fershtman, Attorney at Law
(248) 851-4111