Equine Activity Statutes Aren't Bulletproof When It Comes To Protecting Yourself

You’ve seen the sign on the wall at your barn. It reads something like, “Under state law, an equine activity sponsor is not liable for an injury to, or the death of, a participant in equine activities…”

Those signs usually signify that your state has some form of equine activity statute. Only four states are without such a law—California, Maryland, Nevada and New York.

But what does an EAS do for you as a horse owner? Does it really protect you and your property from equine-related liabilities? In fact, no EAS provides total immunity from personal injury liability. Every EAS is unique, each has different requirements, and each provides different protections, so it’s critical to understand the EAS in your state.  And, even without an EAS, the law generally provides some protection through the doctrine of the “assumption of risk,” which provides a possible defense to a legal claim. Knowing the letter of the law is crucial to protecting yourself.

In general, EASs provide some level of protection from liability for injuries to people participating in equine activities. The protections are based on the idea that those involved with horses understand riding is a dangerous activity, and some risks exist that can’t be avoided. Therefore, these statutes say, in general, that someone else can’t be held liable if a person is injured because of an inherent risk associated with the activity.

Every EAS is different, and you should become very familiar with the requirements, protections and limitations of the EASs in any state in which you participate in equine activities. Most states require some form of warning or notice be given to equine participants. This often includes requiring those signs mentioned above at equine facilities, specific contract language or both. For example, Pennsylvania requires a minimum of two signs, 3 feet by 2 feet, which read,

YOU ASSUME THE RISK OF EQUINE ACTIVITIES PURSUANT TO PENNSYLVANIA LAW.

Ohio, on the other hand, requires a written warning detailing the inherent risks of equine activates, while Michigan demands specific language be included in both signs and all written contracts.

It’s also important to know to whom the law applies and what limitations exist. In Maine, for example, the EAS provides protection from liability for injuries to participants and spectators. Whereas Oregon specifically excludes injuries to spectators. Similarly, Arizona’s EAS only applies if the injured party was in control of the horse at the time of the incident, and only so long as the person (or the guardian of a minor) had signed a release. Taking a different approach, Pennsylvania’s EAS applies only to adult participants, whether or not they had signed a release.

For those in states without an EAS, or if the EAS does not apply, there may still be some protection provided by the doctrine of “assumption of risk.” This concept applies to almost every athletic endeavor. For example, in football, a player who tackles a ball carrier, who is then injured on the play, cannot normally be liable for the injury sustained. That is usually true even if there was a penalty on the play.