Evaluating the Enforceability of a Liability Release

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At Equine Legal Solutions, we receive a lot of calls about injuries to horses and people. The callers usually want to know whether they have any liability in connection with the injury. Sometimes (but not often enough!), the caller has a liability release.

As part of the initial consultation, we review the liability release to see whether it might offer any protection to the concerned caller.

In this article, we describe what we look for when we review a liability release after an injury occurs. Because injuries are unfortunately rather common at boarding barns, we’ll discuss key liability release considerations in that context. However, these considerations apply to all liability releases in the equine context

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Written by:

Rachel Kosmal McCart is the founder and principal attorney of Equine Legal Solutions, PC (ELS), an equine law firm based near Portland, Ore. McCart is a graduate of the Duke University School of Law and licensed to practice in four states: California, New York, Oregon, and Washington. She is also admitted to practice before the U.S. District Court for the District of Oregon. ELS represents clients in litigation, helps resolve equine disputes, drafts customized equine contracts, represents clients in horse industry disciplinary hearings, and incorporates equine businesses. Learn more at www.equinelegalsolutions.com.

One Response

  1. re: Evaluating the Enforceability of a Liability Release

    Is there anywhere I can get a copy of an equine release to adapt to my barn? I don’t know of anyone up here in Maine that specializes in equine law.

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