Equine Activity Statutes: Fact and Fiction

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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 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.

2 Responses

  1. 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

  2. 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.

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