Equine Liability

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NC - Equine Activity Liability - Article 1. Equine Activity Liability This act stipulates that an equine sponsor or equine professional, or any other person, including corporations and partnerships, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. New provisions added in 2013 now also protect a farm animal activity sponsor, a farm animal professional, or any other person engaged in a farm animal activity, including a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of farm animal activities. However, there are exceptions to this rule: a person, corporation, or partnership will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant.
Murrell v. Hooter


A champion jumping horse was struck and killed by a van after escaping through an open gate.  The horse owner sued the property owners for negligence and the trial court granted defendants' summary judgment.  The Court of Appeals reversed the decision holding the defendants were not entitled to immunity under the Equine Immunity Statute.
MT - Equine Activity Liability - Chapter 1. Availability of Remedies--Liability. The Montana equine activity liability act provides that it is the policy of the state of Montana that a person is not liable for damages sustained by another solely as a result of risks inherent in equine activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in equine activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant.
MS - Equine Activity Liability - Chapter 11. Liability Exemption for Livestock Shows and Equine Activities This Mississippi statute embodies the the intent of the Legislature to encourage equine and livestock activities by limiting the civil liability of those involved in such activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine or livestock activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law.
MO - Equine Activity Liability - 537.325. Definitions--liability for equine or livestock This Missouri statute provides that an equine activity sponsor, an equine professional or any other person shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and no participant shall make maintain an action against an equine operator. Statutory definitions are provided, including "participant," "inherent risk," and who is considered an "equine sponsor" or "equine professional." The term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator places him or herself in an unauthorized area. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law.
MN - Equine Activity Liability - 604A.12. Livestock activities; immunity from liability. This Minnesota statute comprises the state's equine activity liability statute. The act is not limited to equines, but rather extends protection from liability to participants engaged in "livestock activities." It is important to note that this provision and exemption from liability applies only to non-profit entities. Liability is not limited where the livestock professional knowingly used faulty tack, the person failed to reasonable care to protect the participant from a known, human-made dangerous condition, the person is a livestock activity sponsor and fails to comply with the notice requirement, or the act or omission of the person was willful or negligent.
MI - Equine Liability - Chapter 691. Judiciary. Equine Activity Liability Act This act stipulates that an equine sponsor or professional, or any other person, is immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: a person will be held liable for injuries if he or she commits a negligent act or omission that results in the proximate cause of injury or death, and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.
ME - Equine Liability - Chapter 743. Equine Activities This act stipulates that an equine sponsor, equine professional, or any other person engaged in an equine activity, is immune from liability for the death or injury of a participant, as well as property damage, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: a person will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.
McGraw v. R and R Investments, Ltd.


Plaintiff was injured when she was thrown from defendant's horse.  The Circuit Court granted summary judgment for defendant and plaintiff appealed.  The District Court of Appeals held that, as a matter of first impression, the defendant's failure to provide the statutorily required notice warning of its non-liability for injuries resulting from an inherent risks of equine activities disqualified the defendant from statutory immunity from civil liability for the injuries.  Reversed and remanded.
Macho v. Mahowald


In this Minnesota case, a rider brought an action for personal injuries suffered after the defendant-owner's horse bolted while the rider was mounting the horse. The lower court entered judgment notwithstanding the verdict for the owner. The rider appealed. The Court of Appeals held that evidence showing that the horse had previously bolted was sufficient to create an issue for the jury as to whether the horse had a propensity to be dangerous. Further, with regard to whether the owner was negligent in allowing the rider to mount without properly adjusting the saddle equipment, the court found that the jury could have properly found both parties were negligent in failing to adjust the stirrups.

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