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:
If you are wanting to get a good parking spot at the Kentucky Horse Park this morning, you better be on your way as early as possible! Cross-country day at the Defender Kentucky Three-Day Event is easily the busiest day the Kentucky Horse Park sees each year, so it's time to grab your coffee and go ensure you get the viewing spot you want for both the CCI4*-S and CCI5*-L divisions today.
Riders in both the Cosequin Lexington CCI4*-S and the Defender Kentucky CCI5*-L are sharing similar sentiments about this year's cross-country courses: course designer Derek di Grazia didn't play around this year. Here is what some of the riders across both divisions had to say about the tracks they will aim to conquer on Saturday.
Off The Record decided not to let Michael Jung be the only record-breaking entry at the Defender Kentucky Three-Day Event this week and delivered a career-best score in the Cosequin Lexington CCI4*-S on Friday morning. He and Will Coleman delivered a test that received a score of 21.8, not only marking a personal best for the horse but also securing their position at the top of the leaderboard going into cross-country tomorrow.
Boyd Martin and the 12-year-old Holsteiner gelding Commando 3 were the last pair to go in the Defender Kentucky CCI5*-L field on Friday afternoon and were warmly greeted to the bluegrass with an impressive downpour that outshined anything the other horse and rider pairs had to combat throughout the day. But that didn’t stop this pair from putting their best foot forward and impressing the judges enough to earn them a score of 26.0, just 0.2 points ahead of second-place pair Tom McEwen (GBR) and Brookfield Quality.