State Equine Activity Liability Acts
"My state has an Equine Liability Act. Is this enough
to cover me for any liability?"
45 states in the U.S. have passed an Equine Activity Liability
Act/Statute (EALA). While this is very helpful to those
involved with any equine activities, it does not prevent
someone from being able to sue you, and, as you will see,
it does not prevent the need for liability insurance.
This article will not provide details of specifics in the
EALA of each state, but rather will outline what these laws
are meant to do, and how they can protect you as someone
involved in equine activities.
Although most states have enacted some form of EALA legislation,
the act is different in each state. It is recommended that
you get a copy of the EALA in your particular state and
in states where you do business to be fully informed about
them. It is important to have a thorough understanding of
the applicable EALAs, and especially to have a full understanding
of the exceptions to liability that are in these laws. You
can obtain a copy of your state's EALA from the state office,
state government websites, your lawyer, or some equine organizations
which may have copies.
None of the 45 EALAs prevent someone from filing a lawsuit
against you, but these laws can protect you in some cases
if the court, working under the EALA, decides that the lawsuit
which has been filed cannot proceed. A court can decide
that there is no legal basis for the lawsuit to proceed,
before it goes to trial. Although the use of the EALA can
prevent some types of lawsuits from proceeding, it does
not protect against all potential lawsuits. The EALA recognizes
that there are inherent risks in any equine activity and
participants cannot bring suit for injury, death, or damage
arising from an inherent risk of an equine activity in many
cases. This has prevented certain lawsuits from proceeding
in various states. However, it does not protect against
certain types of liabilities that the laws enumerate. For
example, many of the EALA's could allow certain types of
claims to proceed involving any injuries to a participant
due to equipment failure or dangerous property conditions
when you knew, or should have known, about the faulty equipment/dangerous
property conditions; any injuries due to the participant
if you did not perform due diligence in assessing the ability
of the participant in being able to handle a particular
horse; and if you intentionally or recklessly cause injury
to another person involved with an equine under your responsibility.
Under many state's EALAs, you still need to post warning
signs using specifically mandated language and/or have participants
sign a release/waiver of liability form, sometimes using
language found within the law for that purpose. Each state
has different requirements for this and you should check
with your state to determine acceptable legal wording for
warning signs and release/waivers of liability forms. Under
a small number of the EALAs, if your forms/signs do not
meet legal requirements for your state you will not be covered
under that EALA in the event of a lawsuit. Please note that
even having a participant sign a release of liability form
does not necessarily guarantee that a court will uphold
that release; discuss this with your lawyer.
Although the EALAs were designed to support those involved
with horses in various capacities by acknowledging that
there are inherent risks for participants in any equine
activity, these laws were not designed to replace having
necessary liability insurance. It is of utmost importance
that you are familiar with your state's EALA and - most
importantly - its exceptions. We recommend that you check
with one of our equine insurance specialists at Equine World
Insurance to discuss insurance to protect you for eventualities
in your particular case. Just as important, consult with
an attorney that specializes in equine law to obtain information
about your particular state and to obtain the appropriate
release/waiver liability forms.
Be prepared so you can relax and enjoy your equine activities!
The truth is Equine Insurance, if
not purchased correctly,
can cost you hundreds or perhaps hundreds of thousands of
dollars.
Call us toll free today for an evaluation of your needs
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Disclaimer:
Articles from Equine World Insurance are offered for general
informational and educational purposes. They are not offered
as, intended as, and do not constitute legal advice or legal
opinions. It is our intention to keep this information current,
although we do not promise or guarantee that this information
is correct for your exact situation, complete or up-to-date.
You should not act or rely on the information in these articles
without seeking the advice of an attorney who is licensed
to practice in your state. |
