am I responsible - The Horse Forum

Reply
 
LinkBack Thread Tools
post #1 of 25 Old 06-20-2009, 10:52 PM Thread Starter
Weanling
 
Join Date: Jul 2008
Location: Brooksville,Florida
Posts: 543
• Horses: 5
am I responsible

If someone comes to my house to ride one of my horses and they get injuried, am I responsible for they injuries? I have a girl down the road wanting to come by and ride(she is experienced with horses)but I am concerned with her getting injuried, she is riding my arabian and he is very spooky and has taken off with her before, she just jumped off him and she was ok. But I was just wondering.

Nancy
nldiaz66 is offline  
Sponsored Links
Advertisement
 
post #2 of 25 Old 06-20-2009, 11:02 PM
Yearling
 
Join Date: Jun 2009
Location: No. VA
Posts: 847
• Horses: 0
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!
vivache is offline  
post #3 of 25 Old 06-20-2009, 11:03 PM
Showing
 
Join Date: Jul 2008
Location: Higgins, TX. YeeHaw!!
Posts: 22,113
• Horses: 24
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.

Always remember that feeling of looking at a big, open country over the ears of a good horse, seeing a new trail unwind ahead of you, and that ever-spectacular view from the top of the ridge!!! Follow my training blog: http://robertsontraining.blogspot.com/
smrobs is offline  
post #4 of 25 Old 06-20-2009, 11:03 PM Thread Starter
Weanling
 
Join Date: Jul 2008
Location: Brooksville,Florida
Posts: 543
• Horses: 5
what website?

Nancy
nldiaz66 is offline  
post #5 of 25 Old 06-20-2009, 11:10 PM Thread Starter
Weanling
 
Join Date: Jul 2008
Location: Brooksville,Florida
Posts: 543
• Horses: 5
I do have a sign can't 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?

Nancy
nldiaz66 is offline  
post #6 of 25 Old 06-20-2009, 11:39 PM
Showing
 
Join Date: Jul 2008
Location: Higgins, TX. YeeHaw!!
Posts: 22,113
• Horses: 24
I would go ahead and get the form just to cover all your bases. Better safe than sorry. :)

Always remember that feeling of looking at a big, open country over the ears of a good horse, seeing a new trail unwind ahead of you, and that ever-spectacular view from the top of the ridge!!! Follow my training blog: http://robertsontraining.blogspot.com/
smrobs is offline  
post #7 of 25 Old 06-20-2009, 11:58 PM
Yearling
 
Join Date: Aug 2008
Location: Colorado
Posts: 883
• Horses: 2
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.
goldilockz is offline  
post #8 of 25 Old 06-21-2009, 02:29 AM
Green Broke
 
Join Date: Mar 2009
Location: Rochester, New York
Posts: 2,763
• Horses: 1
Quote:
Originally Posted by goldilockz View Post
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.

When God Made Horses, He Painted The Good Ones.
"All I pay my psychiatrist is the cost of feed and hay, and he'll listen to me any day."
Jillyann is offline  
post #9 of 25 Old 06-21-2009, 07:02 AM
Trained
 
Join Date: Apr 2008
Location: Orange County, NC
Posts: 6,175
• Horses: 5
Quote:
Originally Posted by nldiaz66 View Post
I do have a sign can't 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.

On the sixth day, God created the Quarter Horse.
On the seventh day, he Painted the good ones.
PaintHorseMares is offline  
post #10 of 25 Old 06-21-2009, 09:00 AM
Weanling
 
Join Date: Apr 2009
Location: SW Michigan
Posts: 519
• Horses: 4
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.

Ask Often, Demand Nothing, and Reward Generously.
Qtswede is offline  
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the The Horse Forum forums, you must first register.

Already have a Horse Forum account?
Members are allowed only one account per person at the Horse Forum, so if you've made an account here in the past you'll need to continue using that account. Please do not create a new account or you may lose access to the Horse Forum. If you need help recovering your existing account, please Contact Us. We'll be glad to help!

New to the Horse Forum?
Please choose a username you will be satisfied with using for the duration of your membership at the Horse Forum. We do not change members' usernames upon request because that would make it difficult for everyone to keep track of who is who on the forum. For that reason, please do not incorporate your horse's name into your username so that you are not stuck with a username related to a horse you may no longer have some day, or use any other username you may no longer identify with or care for in the future.



User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in









Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.


Old Thread Warning
This thread is more than 90 days old. When a thread is this old, it is often better to start a new thread rather than post to it. However, If you feel you have something of value to add to this particular thread, you can do so by checking the box below before submitting your post.

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page



Similar Threads
Thread Thread Starter Forum Replies Last Post
The Horse Forum and its members are not responsible Mike_Admin Horse Law 0 10-15-2008 03:13 PM

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome