Equine Liability

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List of Equine Activity Liability State Cases


This document provides a list of state cases discussing Equine Activity Liability Acts. Links to the individual cases are provided.
Loman v. Freeman This case concerns surgical procedures performed on a racehorse that rendered the horse unfit for future racing. The horse's owners brought this action against the veterinarians who performed the surgical procedure, alleging negligence and conversion. The circuit court dismissed and the court of appeals reversed the decision of the lower court. At the state supreme court, the court affirmed the judgment of the appellate court. The court found that defendant was permanently deprived of the use of the horse due to its lameness from the surgery, which sustained the claim of conversion.
MA - Equine Activity Liability Statute - Chapter 128. Agriculture. This Massachusetts law 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. The statute sets out several definitions related to equine activities, but specifically notes that the term "engage in an equine activity" shall not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area or in immediate proximity to the equine activity. 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.
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.
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.
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.
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.
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.
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.
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.

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