Equine Activity Statutes: Fact and Fiction
- Posted by Rachel Kosmal McCart
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As of 2013, only four states–California, Maryland, Nevada and New York–do not have equine activity statutes. Do equine activity statutes offer real protection for horse people? If so, what protection do they provide, and are there any traps for the unwary?
What Is an Equine Activity Statute?
An equine activity statute is a law designed to limit liability for injuries and deaths connected with horse-related activities. The principle of equine activity statutes is a long-standing legal doctrine, “assumption of the risk.” A person assumes the risk of participating in an activity if they have full knowledge of the risks involved and decide to participate anyway. Assumption of the risk is often a successful legal defense in horse accident cases, even in states without equine activity statutes
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Written by:
Rachel Kosmal McCart
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2 Responses
re: Equine Activity Statutes: Fact and Fiction
Even though California may not have adopted this statute, anyone out here in California who boards their horses has probably signed a Release of Liability. My encouragement is the same as it would be for the statute. Make sure the release is read and t
re: Equine Activity Statutes: Fact and Fiction
Get insurance, regardless. There are still costs of defense (attorneys), although many owners think they cannot be sued if they post a sign.