# am I responsible



## vivache (Jun 14, 2009)

If she has not signed a liability release waiver, then yes.

You can download these online, and it will only take her 30 seconds to sign it!


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## smrobs (Jul 30, 2008)

Yes, you can be held liable. I would advise you to have her sign an injury waiver so that she cannot blame you or your horse. Or, another option is to post a "Ride at your own risk. Not responsible for injuries" sign in a very visible place at the barn or wherever you have your horse. I am not sure that it would cover you 100% but I think it is better than nothing. I would check with a local lawyer or with the courthouse.


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## nldiaz66 (Jul 27, 2008)

what website?


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## nldiaz66 (Jul 27, 2008)

I do have a sign cant remember exactly what is says, something like, it is one that i picked up from tsc and it says any person involved in equine activities owner not responsible for any injuries or the death of people involved,fla. statue blah blah blah, I'm not sure exactly what it says but something in those terms.So I still need the form?


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## smrobs (Jul 30, 2008)

I would go ahead and get the form just to cover all your bases. Better safe than sorry.


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## goldilockz (Aug 1, 2008)

In Florida yes, I would have her sign a waiver.

Another reason I love Colorado. Colorado law states that if you enter property that contains horses and get injured, the owner of the property/horses is not held liable.


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## Jillyann (Mar 31, 2009)

goldilockz said:


> Another reason I love Colorado. Colorado law states that if you enter property that contains horses and get injured, the owner of the property/horses is not held liable.



That's crazy. Definitely not how it is here in New York.:?


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## PaintHorseMares (Apr 19, 2008)

nldiaz66 said:


> I do have a sign cant remember exactly what is says, something like, it is one that i picked up from tsc and it says any person involved in equine activities owner not responsible for any injuries or the death of people involved,fla. statue blah blah blah, I'm not sure exactly what it says but something in those terms.So I still need the form?


Yes, you still always want a signed form in addition to posting your state's equine liability statute. If the person is a minor, make sure the parents/legal guardian sign.

And remember...equine libaility statutes generally refer to/cover the _inherent_ risks associated with horses, not things that are considered negligance. If you are providing the tack and/or tacking up the horse, you can still be responsible if there is an injury due to worn, defective, or improperly adjusted tack. You generally also have a responsibility to understand the riding ability/experience of the person and properly match that with a horse, i.e. if you know the person is a beginner and you let them ride a green broke horse, you could be considered negligant. To this end, most liability forms that I've seen from stables require the person to specify their experience level, years riding, height/weight/etc..have any information that you would use to match a horse and rider in writing and signed. If the person is experienced, let them examine the tack and tack the horse. Additionally, require a helmet, or (again) have a helmet/no helmet statement on the signed form.

Finally, a lawyer once advised me that horse owners are very proud of their horses and always tend to say things like 'my horse would never buck/rear/etc.' and that these types of statements should be avoided, i.e. don't say anything that would imply future behavior based on the past.

The more you have in writing, the better, and always keep in mind that, if you are sued, just defending yourself can be expensive, even if you win.

I know that all sounds like 'overkill'. The 'good' side is that we let friends ride our mares all the time and have never had a problem.


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## Qtswede (Apr 16, 2009)

Not sure how the laws are, but you should always get a waiver signed. However, here in Michigan, the laws are written so that you may not be able to get sued by the person getting hurt, but there is no way to avoid being sued by ANY member of their family if they get hurt - waiver or no. A nasty little loophole that friends of mine found out about while they were trying to run a little 'rent-a-horse' business. Perfectly calm pony dumped an obnoxious girl from Chicago, she didn't get seriously injured, but did sprain her wrist. The one parent who signed the form couldn't sue, but the father who wasn't present, could. Another lawsuit involved an Aunt suing. Whatever you do, just be careful.


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## ilovemyPhillip (Apr 4, 2009)

Before anyone lays a hand on a horse at my farm we make them sign a waiver, try this site, i think they have a download for it.

Woodpecker Farm - Caroline County, Virginia


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## QtrHorse (Oct 13, 2008)

Yes, you can be found liable.
You should also discuss this with your insurance representative to make sure your liability coverages are sufficient to protect you in case of a litigation situation. The legal department of your insurance company can also give you advice on your form. Forms are available on line. Just do a document search for Hold Harmless Agreements and Liability Releases. Edit to your needs. Prepare the form and then take it to your attorney who can edit or add as necessary. It shouldn't cost you much money and you can probably do it all by email.
Then, have any guest (riding or not) who enters your facility sign the release forms. Minors must have a parental signature. 

It is always interesting to watch the faces of people who are reading to sign my forms. There is a paragraph that discusses the inherent dangers associated with equine and farming leisure activities, horse behavior and the possible situations that can occur with any horse that can cause injury or even death.
I do not have my service providers such as vet, farrier,osteo, etc. sign the form but it is enlarged in sign form and posted throughout the common areas. 

In the long run, this is a minor investment which will protect the assets of you and your family.


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## farmpony84 (Apr 21, 2008)

I read an article about a girl that was boarding her horse at a facility. HER horse that she owned kicked her. The parents sued the barn owner and WON. They said that it was because even though she owned the horse and she was at fault, it happened on their property. So just be aware....


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## iridehorses (Oct 22, 2007)

A signed waver by a minor is pretty much worthless. You are safer with one signed by her parents. In addition, concerning putting her back on a horse that ran away with her - that may survive any waiver in a law suit. If she can't handle your Arab, how much experience/training does she really have?


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## Solon (May 11, 2008)

Yes. And even the liability waiver's or having an equine inherent risk sign on your property will not save you from being sued. I've often heard the waiver as a a pretty useless piece of paper. You just have be so careful in this day and age with so many sue happy people.


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## TrueNorth (Jun 24, 2009)

Wow, I have thought about this, but it's serious business and deserves some serious action. I wonder what the laws are here in Washington state. Hope it's like Colorado, I like their attitude! I think I remember reading once that a sign like "beware of dog" is actually a bad thing as it would signify that you have a dangerous dog that should be controlled and may exacerbate lawsuit issues. Dang, I hate this.


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## Solon (May 11, 2008)

This link will show you Washington state liability laws:

Washington Equine Activity Liability Act


This link has a map where everyone else can click to find the relevant laws for their state:

Map of State Equine Activity Liability Statutes


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## Horsegma (Dec 1, 2008)

This has been a worry for me as well.

We asked our insurance man about this and he told me that while it helps to have a signed release and a visible disclaimer in the barn, it won't change the fact that they will sue and most likely win! 

He also said that even though the person who got hurt won't want to sue you, THEIR insurance won't have any problem doing it and will do it.

We are put in a terrible position for sure when we offer up our horses for others to ride.


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## TrueNorth (Jun 24, 2009)

Thank you for that. I checked out the Washington statute and then out of curiosity read the Colorado one. The latter really spelled things out well. I am not an "equine professional" but just a horse owner/lover who likes to have friends ride with me (spare horse here) occasionally. Guess we need to come up with a release form...


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## TrueNorth (Jun 24, 2009)

Thanks, Horsegma. I figured that was the case as I'm sure the insurance companies would go for the jugular. This really is sad. 
At least your quote about losing weight made me laugh


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## Solon (May 11, 2008)

Just remember, even if you have a waiver, that can go to crap pretty easily. It's always good to have them, but everything I've ever heard they don't amount to much. Equally important have the Inherent Risk Law posted at your barn.

I used to let people ride my horse, but no more. Not in this world. Just not worth the risk.


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## Sunny06 (Jun 22, 2009)

TrueNorth said:


> Guess we need to come up with a release form...


^^ Good idea 
I'd hate for you to be sued for having not done something so simple! And it can be simple--" I agree to hold [your farm name] harmless to any harm that might be done against myself while on your property..blah blah blah..{sign here} "
And hang the "Equine Sign" in your barn!
We always have someone sign a release if they are going to be doing any horse activity at our place, along with the "Equine Sign" hanging in our barn..


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## MacabreMikolaj (May 9, 2009)

I think it's very important for everyone to realize that, as has been stated, a waiver does not carry any guarantees. Depending on the degree of injury, and how it happened, a court can still decide in favor of the plaintiff. Often, it doesn't even have to do with anything personal, but if you're in the US and get seriously injured riding someone elses horse, who's going to pay for your medical coverage? If it were me, I'd personally feel guilty if someone got hurt riding my horse, regardless of how it happened, and couldn't pay the medical bills.

I'm not sure how insurance works in the US, but here in Canada the horses are tacked onto the house insurance. Did you know if your horse gets loose and hit by a car, YOU are responsible for the damages caused to the person driving and his/her car? It's a lot of little things horse owners don't realize.

Insurance really is the best way to go. Insurance not only reimburses the cost of the horse if something happens in an accident, but also covers the cost of you being sued. Waivers are still a good thing to help, but they DON'T protect you, so don't fool yourself into believeing a piece of paper will get you out of hot water even if the resulting accident was 100% the fault of the rider. It was your property and your horse, so just be prepared.


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## lovemyponies (Jul 26, 2008)

I am in Florida and at our barn we sign releases and have the Florida horse inherent danger law signs posted all over.


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## Solon (May 11, 2008)

We do at our barn too. They are posted at most of the major facilities but it sure doesn't keep people from suing. Even if they come of their own horse!


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