Attendees of the 2021 USEA Annual Meeting & Convention had the opportunity to sit in on two sessions regarding common equine law practices with attorney Yvonne Ocrant, USEA Board of Governors member and partner and equine law activity specialist at Hinshaw & Culbertson LLP. Ocrant’s final session of the weekend “Understanding Equine Liability and Minimizing Risk of Exposure,” educated USEA members on common equine liability risks and protocols that can be implemented to reduce risk. Here are top-five takeaways from the session for horse lovers of every nature:
5) There are 48 states which offer equine liability protection.
Not included are California and Maryland. Under this standard equine liability protection, most states have adopted the mentality that equine activities are inherently dangerous and shifts responsibility to participants in equine activities. Verbiage and regulations vary by state but, there are exceptions!
4) How to classify an individual as a participant?
As outlined above, most states' legislation shifts the responsibility of the inherent risk associated with equine activities on ‘the participant.’ But who is considered the participant in each case?
In most states, those defined as a spectator or passerby are not always covered by the state-offered equine liability protection. A good example would be a mom walking into a crowded warmup arena to reset a warmup fence who is hurt by an oncoming horse.
How can we mitigate this risk? Everyone who enters the property signs a waiver specifically created for your farm and/or show. Also, place your state’s equine liability sign at the front of your driveway, so everyone who enters the property sees it as they enter the facility.
3) What is defined as an equine activity?
Certain states might see things such as leading a horse into a trailer as a “horse trailering activity” rather than an “equine activity.” Know the laws for your state and have your liability waiver customized to fit your barn’s needs. Will riders be bringing horses up from the pasture? Judges may not see that as an “equine activity” as defined by law.
2) There are exceptions to liability!
Faulty tack or equipment can place you in the hot seat. Be sure if you are providing tack or equipment to students that it is being properly evaluated and cared for frequently.
1) Know the four reasons why your liability protection may not actually protect you:
Ema Klugman completed a fairy tale story in 2021 at the Land Rover Kentucky Three-Day Event when she made her five-star debut with the Thoroughbred/Saddlebred Bendigo, who she came up the levels with from Pony Club to Advanced. As Ben was heading into the later years of his career with Klugman, she purchased Bronte Beach, a Zangersheide mare (Verdi TN x Dalphine), in 2017 as a 5-year-old to follow in his footsteps.
The 2024 Defender Kentucky Three-Day Event is truly an eventing lover’s paradise with four full days of competition, vendors galore, opportunities to meet some of the sport’s greatest riders face-to-face, and so much more. For a seasoned Kentucky veteran, hopping over to the Kentucky Horse Park for the fun feels easy enough, but attending Kentucky might feel a bit overwhelming for first-timers. We chatted with USEA members from all over the country to get their favorite Kentucky tips to share with you. Check them out here!
There are some familiar names and new faces on the five-star roster for this year's Defender Kentucky Three-Day Event. Which horses have had recent top placings? Which riders have seen success at the Kentucky Horse Park in previous years? Which horse is called "Grandpa" by his rider and which one was purchased for $1?
The United States Eventing Association, Inc. (USEA) is thrilled to announce Canter Culture as a “Silver Sponsor for the USEA American Eventing Championships” taking place at the Kentucky Horse Park in Lexington, Kentucky, Aug. 27-Sept. 1.