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:
A field of top veteran riders is entered in this year’s Cosequin Lexington CCI4*-S, a US Equestrian Open Eventing Series Qualifier, at the Defender Kentucky Three-Day Event, which returns to the Kentucky Horse Park, April 24-27.
Trainers are some of the most important people in our lives. They develop our skills, ensure that our horses receive quality care, and look out for our best interests as equestrians.
The USEA is saddened to hear of the passing of Margaret Joyce Good of Leesburg, Virginia. Margaret passed away peacefully Thursday, February 27, 2025. Born October 8, 1929, in Clay Township, Iowa, she was the daughter of the late Clark and Jane Pfiefer.
At The Event at TerraNova last November, Canadian Jessica Phoenix narrowly missed winning the CCI4*-L with Fluorescent Adolescent, finishing second overall with two rails down. Today, the Olympic veteran found redemption and not only won the B&D Builders CCI4*-S with Freedom GS, but finished second once again with Fluorescent Adolescent.