A case of insurance. What happens if you let someone ride your horse and she falls off and hurts herself?

Question

I am reluctant to let someone ride my horses in case they injure themselves and sue me or the person on whose land I am riding on.

Answer 1

It depends on the age of the rider,  your particular state's liability laws and whether or not there is any negligence involved.  Pennsylvania's new liability law requires two large signs to be posted on the property and allows minors to sue even if a parent gives permission.  The trial lawyers in this state insisted that a parent could not sign away their child's rights.

If any negligence is claimed, then even the limited liability laws won't protect you.

As a matter of reality,  I'll let someone I trust ride one of my horses.

Answer 2

I have a liability waiver i have people sign...I did have an attorney look at it and he said i covered so much there is no way to be sued....I just like covering my bum LOL.  

Answer 3

I deff agree on the waivers... and be sure that if your riding on someone else's property that they sign a waiver for them too!

Answer 4

First, anyone riding your horse should be wearing a helmet.  Second, only let people ride your horse if you have a signed release from liability document.  Otherwise, your friend may not want to sue you but her (or his) insurance company may want to!  Always get a signature, or you may lose a friend.  There is a book of legal documents for horseman/owners, I'm sure you can get a copy at the local bookstore library.

Answer 5

You should have the person sign a liability waiver prior to letting them ride your horse. Your state should have a generic waiver available online. Here's an example of one I found online. It's for Illinois though, so search for your state specifically. (I just searched "equine liability waiver")

http://www.itsmysite.com/rockinpranch/fi...

Answer 6

And if the rider is under 18, make their parent or guardian sign it, not them.

Answer 7

I agree with Amy that you should have them sign waivers first.

I'll just add that many states have laws that an equine professional cannot be held liable for injuries that occur due to the inherent risk of horse sports. I don't know if you state is one of them.

You might also want to consider an umbrella insurance policy.  

Answer 8

You should have third party insurance anyway, that way you can make a claim if your horse "causes an accident".  

Answer 9

In general, they would not win. Horseback riding is an "inherently dangerous sport," meaning that you shouldn't participate if you want to be completely safe. These are, after all, 1000+ pound animals who act entirely on impulse. There are laws protecting you from this sort of thing (you can buy signs to put up around your barn displaying that you cannot be found responsible).

http://www.equinesignsforless.com/liabil...

^^ This is an example of one from Georgia; chances are they have the same laws in your state as well.

To be safe, you will want to have them sign a waiver saying you take no responsibility for any injuries/death that occurs. Obviously make them wear a helmet and don't put an inexperienced rider on an advanced horse.

Answer 10

I would just tell the person "no."

As a trainer, I carry my own insurance specifically to cover me in case something happens - but even with that it is a huge pain.

A waiver does not cut it, my insurance company was very happy to point that out.  You need to have visible signs that state the equine liability act at your barn.  You need to have periodic photos or receipts showing you have kept the property managed and free of any obstacles that can cause injury.  You need a waiver - but more than just one that repeats the liability act.  It needs to state that the rider understands the importance of a helmet and that they agree to wear one or sign that it was there decision not to.  You need to state that you and the land owner are not responsible for any injury do to improper use of the horse, misbehavior of the horse, or damage resulting from and object on the property.  Even then, the person can say that you misjudged their riding ability and put them on a horse that was too much for them to deal with.

As my insurance company likes to explain it to me...  if something happens to someone on your property, you are going to get sued.  The insurance is there to pay for it - not prevent it.

I have seen family members sue each other over this stuff.  I saw one guy who was watching his brothers house, get on the horse while he was drunk, fall off, and sue his brother for everything they had.  All because one brother had too much to drink and thought he would go riding during half time.

The easiest, safest thing to do is just say, "NO."