Equine Law 101: Understanding Equine Activity Liability and Minimizing Liability Risk

Riding horses is undeniably an inherently dangerous activity. Answering why enthusiasts voluntarily participate in arguably dangerous equine sports is not difficult; answering how we encourage sponsors, organizers, and other professionals to provide for these sports - notwithstanding the potential liability exposure - is much more difficult. Participation alone in a sporting event with inherent or obvious dangerous attributes may be enough to waive liability under the legal doctrine of implied assumption of risk. Participants may also explicitly waive their right to recover through written liability releases. The legislature can further encourage inherently risky sports with statues shifting the burden from the providers onto the participants.

Equine activities, now in 47 states, are promoted by delineating responsibility of the risk onto the participant in statutes codifying the assumption of risk and explicitly enforcing written liability waivers. Yvonne C. Ocrant, a Chicago based equine transaction and litigation attorney discusses the purpose of these statutes, explains the terms of the statutes’ liability protections, details the exceptions to those protections, advises on how contracts may expand liability protections, and provides consultation on the use of insurance and limited liability companies or corporations to further insulate equine activity providers from liability exposure.

Learning Objectives:

1. Identify the purpose of the Equine Activity Liability Act (“the Act”) and detail the content of the Act in most states, emphasizing the importance of the differences in definitions  in several states
2. Define the equine activity participant’s responsibility as provided by the Act
3. Address the exceptions to the liability protections under the Act
4. Appreciate the Warning sign posting required by the Act and demonstrate the consequences of failed postings under the Act in several states
5. Discuss methods of reducing risk of liability exposure with the use of enforceable and effective liability releases and other contracts, carrying sufficient and adequate insurance, and in many cases, operating equine activities as a limited liability company or corporation