Equine Liability

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Titlesort descending Summary
TN - Equine Activity Liability - Chapter 20. Equine Activities--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. 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. In addition, a person will 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.
Trummer v. Niewisch


A woman fell from a horse during a riding lesson when her horse was frightened.  The woman brought claims against the riding facility and riding instructor for negligence.  The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed reasoning horses becoming frightened is an inherent risk when riding.
TX - Equine Activity Liability - Chapter 87. Liability Arising from Equine Activities or Livestock Shows. This Texas section provides that all persons, including a farm animal activity sponsor, farm animal professional, farm owner or lessee, livestock producer, livestock show participant, or livestock show sponsor, are not liable for property damage or damages arising from the personal injury or death of a participant in a farm animal activity or livestock show if the property damage, injury, or death results from the dangers or conditions that are an inherent risk of a farm animal, a farm animal activity, the showing of an animal on a competitive basis in a livestock show, or the raising or handling of livestock on a farm. The statute also requires the visible displaying of "clearly readable" warning signs that alert participants to the limitation of liability by law.
UT - Equine Activity Liability - Part 2. Limitations on Liability for Equine and Livestock Activities This Utah section states that it is presumed that participants in equine or livestock activities are aware of and understand that there are inherent risks associated with these activities. Thus, an equine activity sponsor, equine professional, livestock activity sponsor, or livestock professional is not liable for an injury to or the death of a participant due to the inherent risks associated with these activities. The section also requires an equine professional to give notice to participants of the limitation of liability, either by the posting of a sign or by the execution of a written release.
VA - Equine - Chapter 62. Equine Activity Liability/Chapter 63. Ox Activity Liability This Virginia section provides that an equine activity sponsor, an equine professional, or any other person shall not be liable for an injury to or death of a participant resulting from the intrinsic dangers of equine activities. Liability is not limited where the equine professional intentionally injures the participant, commits an act or omission that constitutes negligence for the safety of the participant, or knowingly provides faulty equipment or tack that causes injury. The statute seems to imply that a waiver should be executed when a participant engages in equine activities to adequately insulate the equine professional.
Vanderbrook v. Emerald Springs Ranch


While on a guided trail ride, plaintiff's horse brushed up against a tree that the plaintiff was unable to push away from. As a result, plaintiff's leg and hip sustained injuries and the plaintiff sued the ranch and the ranch's owners. Defendants’ appealed the Wayne County Supreme Court denial for the defendants' motion for summary. On appeal, the court found the Supreme Court properly denied the defendants' motion for summary judgment. First, the court found the defendants failed to meet their initial burden of establishing entitlement to judgment as a matter of law on the issues of the horse's vicious propensity and defendants' knowledge of that propensity.
VT - Equine - § 1039. Equine activities; acceptance of inherent risks This statute represents Vermont's equine activity liability law. Under the Act, no person shall be liable for an injury to, or the death of, a participant resulting from the inherent risks of equine activities, insofar as those risks are necessary to the equine activity and obvious to the person injured. An equine activity sponsor may (it does not say "shall") post and maintain signs which contain the warning notice specified in this subsection.
WA - Equine Activity Liability - Chapter 4.24. Special Rights of Action and Special Immunities. This Washington section provides that an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant engaged in an equine activity, nor may he or she maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death while engaged in an 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.
Wemer v. Walker

In this case, James Wemer appealed the lower courts decision to grant summary judgment in favor of the defendant John Walker. Wemer initially filed suit against Walker alleging that the injuries he suffered from a horse-bite at Walker’s barn was due to negligence and wanton recklessness of Walker. The trial court reviewed the issue and granted summary judgment in favor of Walker based on the Equine Immunity statute. The Court of Appeals reversed and remanded the trial court’s decision on appeal. However, the trial court once against granted summary judgement in favor of Walker and Wemer appealed. On the second appeal, the Court of Appeals determined whether or not Walker was immune from liability under the Equine Immunity statute. The Court of Appeals found that Walker was immune from liability under statute because of the fact that Walker had warned Werner that his horses had a tendency to fight and Wemer voluntarily chose to get involved in separating the horses which led to his injuries. The Court of Appeals focused on the fact that both parties had a knowledge regarding equine activity and that Wemer was unable to establish that Walker’s conduct was willful or wanton under the circumstances presented. As a result, the Court of Appeals affirmed the summary judgment in favor of Walker.
WI - Equine Activity Liability - 895.481. Civil liability exemption; equine activities Under this Wisconsin statute, a person is immune from civil liability for acts or omissions related to his or her participation in equine activities if a person participating in the equine activity is injured or killed as the result of an inherent risk of equine activities. Notably, the statute provides that a person whose only involvement in an equine activity is as a spectator shall not be considered to be participating in the equine activity. The statute also requires the visible displaying of warning signs or bold print in a written waiver that alerts participants to the limitation of liability by law.

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