What do you do to cover yourself for liability from visitors (welcome or not)?

[TrotTrotPumpkn]

No bites on the h/j forum, so maybe I can move over here?

This is directed at barn owners. Our state law covers BO's and equine professionals for "equine participants," but I'm reading it as not covering injury to people who show up to watch and didn't bring a horse. My friend has built a wonderful little facility and I'm sure she is interested in seeing it used. However, I worry about liability for all of us (boarders and BO). For instance, I built the jumps, which are in good repair (brand new) but crazy stuff happens. I've been told my newest horse has bitten/nipped (although I have not witnessed this). Now she would be out in the pasture most likely whenever visitors come, but what can I do to prevent liability? That kind of stuff. I can't always be there...

So I'm just wondering how you have covered yourself as a barn owner or as a boarder... 1) insurance 2) posting applicable state law signs 3) waivers for particpants--and NON-particpants?? 4)a sign on the boarding barn telling people to stay out (this is sep. from the arena and tack up area for visitors). Any other ideas?

When you have spectators how do you segregate them? We don't have a sep. viewing area in the indoor (it's not THAT big) and every barn I've visited just puts up chairs in a corner of the arena....

Anyone willing to share their waivers with me (I promise I won't hold you liable)--I'm just looking for a starting point in drafting them and will need to research our caselaw too.

[GoForAGallop]

I've only got a quick second, but for that nippy horse, get yourself some liability insurance on her ASAP. It's cheap, and not worth not having. Under my farm policy (Farm Family Insurance) coverage for up to five horses is something like a measly $200 extra a year. Soooooooo worth not losing my entire life if my horses got out and got hit by a car/nipped someone/kicked someone/etc.

My liability insurance even covers my horse when he's NOT on my property (ex, at a show/clinic) which is something that not all policies do, so be sure to ask.

It's something that every horse owner should have on every horse of theirs, whether they board or keep their horses at home.



Other than that, I've found that signs/posted rules are the best way to go. As well as deterring outside visitors: consider putting up shrubbery or thorny raspberry bushes along fence lines that border roads. If the people can't get to the horses, they can't be bitten! :)

[TrotTrotPumpkn]

I called my insurance company (State Farm) and so long as I'm not doing horse stuff (breeding, training, etc.) for profit my homeowners insurance extends the liablity coverage to incidents becuase of the horses. So that's nice.

[Bluey]

Be sure your liability coverage is enough.
Our insurance agent tells us today, 3 million is what is recommended if you are talking horses.

[2foals]

Your best bet is to talk in detail with your insurance agent. It helps if you use an insurance company/agent that is familiar with equine issues.

For myself, (BO) I have a once a year meeting with my agent to review our coverage to make sure it still fits. State law liability signs are posted visibly in my barn. Visitors are by permission only, and any visitor who sets foot on farm property no must first go to the office and read and sign a liability waiver that contains the state statute on farm animal activities. Boarders & their guests are only allowed to handle their own horses.

Still, I've had more than one panic attack when tourists have pulled over and tried to pet colts over the fence. One problem I have run into is that although my boarders are wonderful, sometimes they are lax in taking responsibility for their guests. I.e. their guests will act like they are at a petting zoo, reaching into stalls and paddocks and petting everything, Mr. Nippy, Mr. Not-yet-gelded, Little Miss Teach-me-to-bite-please and the boarder doesn't let them know that that isn't allowed.

Re: a liability waiver, they are very specific state to state. I wrote mine myself after consulting with an attorney, and then had the attorney review the final copy. But, they aren't any help if they aren't signed! Often people do have a little bit of an attitude about signing a release (especially if they are just on the farm to spectate), or they find it easy to "forget." It is an annoyance to me, too, but a requirement for running a farm in these litigious times.

[talloaks]

Do you have your vet, farrier, chiro, or neighbors who boarder your fencelines sign the release of liability forms??

[CanterQueen]

Be sure your liability coverage is enough.
Our insurance agent tells us today, 3 million is what is recommended if you are talking horses.

I was told 2 mil -- sounds like I need to call my agent and get it increased. :yes:

[Meliora]

Honestly, if you are really worried about this, I would contact a lawer regarding the liability forms. It will cost you around $250-$500 to have a lawer draw up these forms, and your insurance company will have to approve them. That way you have a form that can be backed up by the law in case anything should happen.

It is great that your Homwowners insurance covers certain things, but I would still contact someone regarding extra insurance. Example: your horse gets loose on the road and is hit by a car. Driver is seriously injured. Guess who is help responsible for the bills? You Are! Isn't our society fun?

Just my 2 cents

[2foals]

Do you have your vet, farrier, chiro, or neighbors who boarder your fencelines sign the release of liability forms??

Vet-no, Farrier-no, these are full time equine professionals who should have their own professional insurance. I'd be really curious to hear what a lawyer thinks about this. (I'm not a lawyer!)

But...chiro or masseuse or prof. groomer who comes to clip/braid, or other miscellaneous equine professionals who might or might not have their own insurance, yes, they get a liability form to sign.

Neighbors, no. But I have a hotwire at the top of my perimeter fences :) Well, and right now I have fabulous neighbors, anyway :D

Family guests (when we have friends over), no.

[S1969]

I called my insurance company (State Farm) and so long as I'm not doing horse stuff (breeding, training, etc.) for profit my homeowners insurance extends the liablity coverage to incidents becuase of the horses. So that's nice.

That also means no boarding; just be sure you know your limitations. My dh represents State Farm and even with inside assistance and strings pulled they still could not provide us with adequate coverage with a boarder. [There seems to be no "Farm" left in State Farm!]

My recollection of Farm Family is that it was not cheap, but again, with regard to boarders, not necessarily personally owned horses. We could not develop a policy to provide coverage for 1 boarder, or 2 boarders; I think it went in increments of 10, which was not helpful!

We currently have an umbrella policy in addition to our homeowners policy as it was the best way to meet the needs of our very small private barn with 1-2 boarders. (3 total horses). Most equine policies seem best suited for commercial operations. After doing considerable research (my dh in the insurance business, too), we decided that most privately owned farms are probably grossly underinsured! Mostly because there isn't a great product out there to insure them, at least not one we found easily.

[S1969]

It is great that your Homwowners insurance covers certain things, but I would still contact someone regarding extra insurance. Example: your horse gets loose on the road and is hit by a car. Driver is seriously injured. Guess who is help responsible for the bills? You Are! Isn't our society fun?

Agreed, and not all insurance companies will cover this. If I recall, most typical homeowners policies would not cover this because your horse was no longer on the property. Scary stuff.

[TrotTrotPumpkn]

I AM a lawyer, I just wanted to see someone else's waiver for a template to start from, lol. Just a time saver. And the questions were to see if she is missing anything--just because I don't see it in the caselaw here doesn't mean it hasn't happened elsewhere in the country (and I'm not formally researching this for anyone, I'm simply curious as to what COTH barn owners customarily have in place to protect themselves).

But honestly, as an fyi, just because someone has a law degree doesn't mean they know all their state specific laws--they should just know how to look them up ;-) Kind of like when friends want divorce advice--I never even took the class (family law)...I just advise them to find a good divorce lawyer.

Oh and to clarify, I am not the barn owner...