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:
Eventing can feel a little overwhelming to those new to the sport. It’s unlike any other equestrian sport, with three phases packed to the brim with action and excitement. When you enter a horse trial, you’re likely to interact with a wide variety of support staff, all of whom are there to ensure you have an amazing weekend of competition.
Drumroll please… After much consideration, the United States Eventing Association, Inc. (USEA) and our partners at Adams Horse Supply are proud to announce the winner of the ATC Scavenger Hunt hosted during the Adams Horse Supply USEA Adult Team Championships (ATC) at the USEA American Eventing Championships presented by Nutrena Feeds.
When Alice Sarno was 8 years old, she begged her parents for riding lessons. “All I could do was think about horses,” said Sarno, 75, recalling that they eventually agreed. “They finally gave up on giving me dance lessons and got me horseback riding lessons instead. My mom and dad made a deal thinking I would phase right out of it. But by the next year, I had two more horses.”
The USEA is saddened to report that horsewoman Lefreda Williams died on Aug. 29. She was 87. Williams was a pillar of the North Carolina equestrian community and a founding member of the Carolina Horse Park in Raeford, North Carolina.