EQUESTRIAN
QUESTION FORUM:
by Lisa L. Lerch, Esq.
Is horse tack covered by my liability release? Generally, no.
Many commercial providers of horseback riding, training or renting will often have patrons sign a liability release believing that they are then wholly protected from potential litigation should any injury occur.
That is not the case.
A general liability release, when properly signed, typically insulates the professional from claims arising from injuries that flow from the inherent risks associated with horseback riding.
In sports-related activities, the courts have determined
that three basic ideas need to be addressed when deciding what duty was owed to
a patron. [1]
1. What is the fundamental nature of the sport (horseback riding) and what inherent risks might be associated with said the sport?
Inherent risks can generally be categorized as falling from a horse, being bitten, kicked or thrown from a horse just to mention a few. An inherent risk is a risk that might naturally occur due to the nature of the sport. Horseback riding always carries an inherent risk that the animal may not behave in a safe and calm manner, thereby resulting in an injury.
2. What is your duty (to your customer) within the context of the sport?
The court has held that commercial operators of sports and recreational facilities owe a duty of care to their patrons. In broad terms, this means you as the commercial provider have a duty to ensure the facilities and related services, which are provided, do not increase the risk of injury beyond the inherent risks associated with the sport. [2]
3. What is your duty to protect your customer from the particular risk of harm?
You certainly have a duty to make sure the sport does not become more dangerous by providing faulty equipment. A whole list of duties can be attached to professionals within the equestrian community, ie, not to provide faulty saddles, bridles and other equipment.[3]
Arguably, being on the receiving end of a broken saddle is not a risk a rider would choose to assume.
A few ways to prevent litigation is to make sure your clientele is receiving safe equipment.
1. Establish a protocol for checking saddles, cinches, bridles, helmets and all the other goodies that you provide to your clientele for horseback riding. Make sure the protocol is followed by everyone who handles your tack.
2. Replace all helmets according to the guidelines of the AMEA/SRF. It is recommended that a helmet that has sustained any impact should be replaced immediately even if there is no visible damage.
3. Immediately prior to riding, check the tack to make sure it has been placed and fitted on the horse correctly. Make sure all staff (trainers, volunteers, anyone working for you in any capacity) know how to check tack on a fully saddled horse and spot potential problems. *Remember your client probably does not have a clue.
Equine professionals should include a carefully worded paragraph in their release that expressly warns about the potential injuries or problems that could occur if the horse equipment fails during your client’s ride. An express disclosure of potential injuries that may arise from faulty tack may protect you from potential liability. Let’s face it, most people in the general public who hire horse professionals have little experience with horse equipment and how it should operate. Most people do recognize that they may fall from the horse during their ride. However, people do not expect to hit the ground with their saddle still under them. Protect yourself to the best of your ability with excellent paperwork.
This article
is meant to provide general information only and is not intended to constitute
legal advice. The information in this
article is not intended to establish an attorney-client relationship between
attorney and reader. The contents of
this article are not a substitute for seeking the advice of legal counsel.
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2007. Legal Equestrian, a Professional
Law Corporation All rights reserved.