The Chronicle of the Horse
MagazineNewsHorse SportsHorse CareCOTH StoreVoicesThe Chronicle UntackedDirectoriesMarketplaceDates & Results
 
Results 1 to 14 of 14
  1. #1
    Join Date
    Oct. 25, 2007
    Posts
    3,564

    Default Liability release forms

    I did a search but didn't see any forms or links.

    I have a private backyard farm, and I have been letting other people ride my horses, plus, I now have an instructor coming by giving me and others lessons on my horses.

    Last week, the instructor was knocked down by one of my horses...know it sounds bad, but it was one of those where the horse was trotting thru a gate and yes, the instructor backed into the horse...it was a true accident.

    It got me thinking, time to do my due diligence and get some liability release forms for those riding my horses, and also for instructor to be on the farm.

    I don't think my horses are bad nor do I think anyone will sue, but their insurance company may.
    Does anyone have any liability release forms or links or warnings or ?
    thanks.
    save lives...spay/neuter/geld



  2. #2
    Join Date
    Oct. 18, 2000
    Posts
    22,424

    Default

    Oh dear. You're smart to think about this and prepare.

    The first thing you need to do is verify that you have insurance coverage for the activities. You will also want to verify that the instructor carries liability coverage.

    If you have farm insurance, it may or may not provide coverage for activities such as lessons (which usually require a commercial coverage policy)

    Same thing with boarding - your current policy may or may not cover that sort of operation in your state. It's usually a commercial policy - not a traditional farm/ag policy.

    Insurance regs/laws vary state to state so your first step is to consult with a licensed atty experienced in this area (your insurance agent may be able to provide you a good referral), and set up your business and personal affairs to minimize the chance that an incident drives you into bankruptcy. At the same time, work with your insurance agent to verify you have the correct coverage.

    A release will be worthless otherwise. The atty you consult may be able to provide you with the correct release that incorporates any verbiage required in your state. Someone can still file an insurance claim against you for medical bills - a release may be worthless and if you don't have insurance or didn't get enough or the right coverage.....

    Hope that helps.



  3. #3
    Join Date
    Aug. 14, 2000
    Location
    Rochester,NY,USA
    Posts
    7,364

    Default

    To be honest, if you are allowing anyone ride your horses on your property, you need liability INSURANCE in addition to release forms. For the most part, a release form probably isn't going to hold up. Your instructor should have insurance and if she/he doesn't, then go find one that does.

    It isn't as much a problem that a person injured on your property will sue you, but if they need any medical attention at all, (ER, urgent care, etc.)you can bet your bottom dollar the medical insurance company most certainly will sue you to recover their costs.

    Equine liability insurance for my farm at $1 million coverage ran $500. I also have an umbrella policy along with my homeowners, also $1 million, that cost $80. Please don't think that by trying to get away with just the umbrella policy you are covered.

    If you don't mind losing your farm, continue with your current practice but do remember that you are forewarned.

    Sorry to be so blunt but maybe it will hit home that you are currently engaged in a dangerous practice.
    Sue
    Back in my day, we didn't have as many warning labels because people weren't so dang stupid!



  4. #4
    Join Date
    Jun. 24, 2005
    Location
    Alabama
    Posts
    8,343

    Default

    If any riders are minors then you need releases from the custodial parent. I was at a art in the park event a couple of months ago, and they had pony rides (great looking ponies too), and the grandparents of one kid signed the release, so it was worthless (I know the grandparents and I'm not sure that grandma who signed is even directly related to the grandkid). And make sure if anyone brings a friend to ride that the parents of that kid really signed the release in front of you-people can be sneaky and think it's all a joke until someone gets hurt and you get sued.
    You can't fix stupid-Ron White



  5. #5
    Join Date
    Aug. 4, 2009
    Location
    MD
    Posts
    4,075

    Default

    http://www.bayequest.info/static/forms/

    Forms for everything horse related FREE



  6. #6
    Join Date
    Oct. 25, 2007
    Posts
    3,564

    Default

    Yes, I agree with all of you regarding being protected.
    Up until very recently, no one rode my horses but me.

    I have a farm policy, and I know as long as I am not receiving money, people can ride my horses and be covered. In other words, if a friend comes over, and we go for a trail ride and something happens, I am covered.

    I will check with my insurance agent and see about an equine liabillity or any other coverage I need.

    Since tomorrow, we are riding, I thought it was a good idea to at least get some kind of release.

    I also want to find an exercise rider to help keep the horses in work. Again, no money, but still want the liability thing covered.
    thanks.
    save lives...spay/neuter/geld



  7. #7
    Join Date
    Feb. 23, 2005
    Location
    Spotsylvania, VA
    Posts
    12,934

    Default State laws differ

    I wasn't always a Smurf
    Penmerryl's Sophie RIDSH
    "I ain't as good as I once was but I'm as good once as I ever was"
    The ignore list is my friend. It takes 2 to argue.



  8. #8
    Join Date
    Sep. 7, 2009
    Location
    Lexington, KY
    Posts
    17,421

    Default

    You need to also make sure that the instructor's liability insurance has you as a named insured. The insurance company/instructor should supply you with a certificate of insurance.



  9. #9
    Join Date
    Jan. 24, 2007
    Posts
    311

    Default

    Quote Originally Posted by LauraKY View Post
    You need to also make sure that the instructor's liability insurance has you as a named insured. The insurance company/instructor should supply you with a certificate of insurance.
    That would be ADDITIONAL INSURED not NAMED INSURED and yes get a certificate from the instructor naming you as an additional insured.



  10. #10
    Join Date
    Jan. 30, 2010
    Location
    Alberta
    Posts
    3,551

    Default

    I agree that you should get the liability waivers from your insurance company. It will be "free" and will have been gone over by lawyers that specialize in that kind of law for your area.

    You will also need to agree to work under their operating standards...which tend to be good standards and typically include things like: no dogs in the arena, 6 students per instructor, helmets for minors and when jumping and so on. If you do not operate under their standards the release and the insurance will be more or less worthless.

    You should also find out if the coach has insurance before letting them teach on your property unless your policy covers them as well...as if they don't have insurance and they are sued, you may also be dragged into the battle.



  11. #11
    Join Date
    Oct. 25, 2007
    Posts
    3,564

    Default

    Ok, this is not an instructor based thing. An instructor coming to my farm and giving a lesson on my horse either me or someone else, who isn't getting paid to take the lesson.
    the only money exchanging hands is me paying the instructor. My concern, and based on some recent coth threads is insurance and liability, etc.

    So, I call the insurance company, and their response is I do have a 1 million liablility policy with my farm insurance. As long as it is not me giving instruction or the getting paid, then I am considered ok. However, and maybe some of you are aware of this...liability policy only pays out to defend you, if you are found guilty(negligent) than they do not pay out.

    So, that was an interesting twist. So, really liability insurance from how I understand it is for lawyer's fees.

    We discussed the following scenarios.
    1 Horses get out of pasture and cause a car accident injuring people.
    2. someone invited or uninvited come here and get knocked over and hurt and have a 100,000 in medical bills, lost work, etc
    3. a friend is riding one of my horses and gets injured

    all of the above, as long as I am being reasonable(and she did say I sounded reasonableLOL) and not negligent, the company would take care of. If I was found negligent, which I would think if a horse went thru a fence, that could be construed by the aggrevied party as being negligent, then they would not cover it.

    Does this sound right to you?

    So, if my horses do damage, the insurance company will defend me, and if I am not found negligent, they will cover the costs. If negligent, time to unload any assets since they will be vaccummed up by lawyers and such.
    save lives...spay/neuter/geld



  12. #12
    Join Date
    Oct. 28, 2003
    Location
    Beavercreek, OR USA
    Posts
    483

    Default Equine Legal Forms

    Here's an article about what makes liability releases enforceable:
    http://www.equinelegalsolutions.com/...forceable.html

    And an article about having guests ride your horses:
    http://www.equinelegalsolutions.com/theguestrider.html

    Beware of free legal forms posted on horse websites. Beware also the generic legal forms websites that offer everything from boat purchase forms to incorporation papers. There's a good chance the forms on these websites weren't actually written by a lawyer, and an excellent chance they weren't written by anyone who knows anything about horses. If you are defending yourself in a lawsuit, you'll find out exactly why those freebies were worth what you paid for them.

    FYI, most insurance companies don't provide their clients with legal forms because they don't want to be in the business of giving them legal advice (for which they could be held accountable later).

    Hope this info is helpful!
    Rachel Kosmal McCart
    Equine Legal Solutions, Inc.
    www.equinelegalsolutions.com



  13. #13
    Join Date
    Aug. 17, 2006
    Posts
    425

    Default liability laws vary from state to state

    And here is some info on various state equine activity liability laws...

    .



  14. #14
    Join Date
    Oct. 28, 2003
    Location
    Beavercreek, OR USA
    Posts
    483

    Default Equine Activity Statutes

    Speaking of equine activity statutes, here's why they don't do much to protect us:
    http://www.equinelegalsolutions.com/...yStatutes.html
    Rachel Kosmal McCart
    Equine Legal Solutions, Inc.
    www.equinelegalsolutions.com



Similar Threads

  1. Liability Release Forms?
    By jse in forum Off Course
    Replies: 2
    Last Post: Jan. 11, 2012, 10:57 AM
  2. Release of Liability
    By Nevada10 in forum Off Course
    Replies: 5
    Last Post: Oct. 4, 2011, 10:05 PM
  3. Liability release
    By MacknCody in forum Off Course
    Replies: 7
    Last Post: Apr. 20, 2011, 11:18 AM
  4. Liability Release?
    By RiverBendPol in forum Off Course
    Replies: 7
    Last Post: Nov. 1, 2010, 12:47 PM
  5. spin off on release forms and kids
    By tuppysmom in forum Off Course
    Replies: 7
    Last Post: Dec. 27, 2009, 04:34 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •