State Regulations and Liability Laws for Horse Owners
If you keep a horse on your own property, be sure to post any warning signs that are required in your state to help keep you from being liable should your horse injure someone.
The followings
states do not have an Equine Activity
Statute as of January 1, 2004:
Alaska, California, Maryland, Nevada, New York and
Pennsylvania.
Obviously this page is intended for residents of the United States. I don't know what the requirements are, if any, in other countries. To those of you outside the US, please be aware of this as an option and check with local horse clubs to find out if you need to do something similar.
Horse property owners need to be aware of legal liabilities that go along with keeping horses on your own property. Horses are like magnets to people walking past and especially children. And we know what chow hound mooches our horses are - always looking for a handout. I've never had a horse who actually wanted to eat a finger, but horses can't actually see what their mouths are on and if a finger gets in the way - ouch!
In the past, I've actually had strangers walk down my very long private driveway, go into my back yard and coax the horses to come up for treats. One lady continually did this while walking a baby in a stroller!
Almost all the states have enacted laws giving a measure of protection from lawsuits if you post the required notices in several prominent places. "Prominent places" would be at any entrance to your property - like next to a gate or driveway, in the alleyway of your barn, on the outside of your barn, etc. If your state requires sign posting, this means put up a sign (sometimes more than one) with the specific language as written in your state law. Personally, I recommend at least three.
Signs alone don't guarantee you'll be free of all liability should someone be hurt on your property, but they'll go a long way to help you plead your case! You can usually find the required signs at your local feed or tack store.
Some states have laws regarding the letter sizes, colors and where signs should be posted. Posting requirements by state are shown below. The signs have the exact wording on them required for your state. For best legal protection, use signs with the exact wording as written by law.
They will look something like this:
Alabama
- Warning
- Under Alabama Law, an equine activity sponsor or equine professional
is not liable for an injury or death of a participant in equine
activities resulting from the inherent risks of equine activities,
pursuant to the Equine Activities Liability Protection Act. (Sign
posting required.)
Arizona
- "A signed release acknowledges that the
person is aware of the inherent risks associated with equine
activities, is willing and able to accept full responsibilities for his
own safety and welfare and releases the equine owner or agent from
liability unless the equine owner or agent is grossly negligent or
commits willful, wanton or intentional acts or omissions."
Arkansas
- Warning - Under Arkansas
law, an equine activity sponsor is not liable for an injury to, or the
death of, a participant in equine activities resulting from the
inherent risk of equine activities. (Sign posting required.)
Colorado
- Warning - Under Colorado Law, an equine
professional is not liable for the injury to or the death of a
participant in equine activities resulting from the inherent risks of
equine activities, pursuant to section 13-21-119, Colorado Revised
Statutes. (Sign posting required.)
Connecticut
- No
Signs or Contractual Language is required to obtain the benefits
offered by your state's law.
Delaware
- Warning - Under Delaware Law, an equine
professional is not liable for an injury to or the death of a
participant in equine activities resulting from the inherent risks of
equine activities, pursuant to 10 Delaware Code Section 8140.
(Sign
posting required.)
Florida
- Warning - Under Florida law,
an equine sponsor or equine professional is not liable for an injury
to, or the death of, a participant in equine activities resulting from
the inherent risks of equine activities. (Sign posting
required.)
Georgia
- Warning - Under Georgia law,
an equine activity sponsor or equine professional is not liable for an
injury to or the death of a participant in equine activities resulting
from the inherent risks of equine activities, pursuant to Chapter 12 of
Title 4 of the Official Code of Georgia Annotated. (Sign
posting required.)
Hawaii -
No Signs or Contractual Language is
required to obtain the benefits offered by your state's law.
Idaho -
No Signs or Contractual Language is
required to obtain the benefits offered by your state's law.
Illinois
- Warning - Under the Equine Activity
Liability Act, each participant who engages in an equine activity
expressly assumes the risks of engaging in and legal responsibility for
injury, loss, or damage to person or property resulting from the risk
of equine activities.
(Sign
posting required.)
Indiana
- Warning - Under Indiana law,
an equine professional is not liable for an injury to, or the death of,
a participant in equine activities resulting from the inherent risks of
equine activities. (Sign posting required.)
Iowa
- Warning - Under Iowa Law, a domesticated
animal professional is not liable for damages suffered by, an injury
to, or the death of a participant resulting from the inherent risks of
domesticated animal activities, pursuant to Iowa Code Chapter
673. You are assuming the inherent risks of participating in
this domesticated animal activity.
Kansas -
Warning - Under Kansas law,
there is no liability for an injury to or the death of a participant in
domestic animal activities resulting from the inherent risks of
domestic animal activities, pursuant to sections 1 through 4.
You are assuming the risk of participating in this domestic animal
activity. (Sign posting required.)
Kentucky
- Warning - Under Kentucky
law, a farm animal activity sponsor, farm animal professional, or other
person does not have the duty to eliminate all risks of injury to the
participation in farm animal activities. There are inherent
risks of injury that you voluntarily accept if you participate in farm
animal activities. (Sign posting required.)
Louisiana
- Warning - Under Louisiana law, an equine
activity sponsor or equine professional is not liable for an injury to
death of a participant in equine activities resulting from the inherent
risks of equine activities, pursuant to R.S. 9:2795.1.1.
(Sign
posting required.)
Maine -
Warning -
Under Maine law, an equine professional has
limited liability for an injury or death resulting from the inherent
risks of equine activities.
(Sign
posting required.)
Massachusetts
- Warning - Under
Massachusetts law, an equine professional is not liable for an injury
to, or death of, a participant in equine activities resulting from the
inherent risks of equine activities, pursuant to section 2D of chapter
128 of the General Laws. (Sign posting required.)
Michigan
- Warning - Under the Michigan
equine activity liability act, an equine professional is not liable for
an injury to or the death of a participant in an equine activity
resulting from the inherent risk of the equine activity.
(Sign posting required.)
Missouri
- Warning - Under Missouri
law, an equine professional is not liable for an injury to or the death
of a participant in equine activities resulting from the inherent risks
of equine activities pursuant to the Revised Statutes of
Missouri. (Sign posting required.)
Mississippi
- Warning - Under Mississippi law,
an equine activity or equine sponsor is not liable for an injury to or
the death of a participant in equine activities resulting from the
inherent risks of equine activities, pursuant to this chapter. (Sign
posting required.)
Minnesota
- Signs are required to be posted, but there
is no Contractual Language required in Release Forms.
Minnesota Statutes 604A.12, Subd.4: Posting notice. A livestock
activity sponsor shall post plainly visible signs at one or more
prominent locations in the premises where the livestock activity takes
place that include a warning of the inherent risks of livestock
activity and the limitation of liability under this section.
Montana - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.
Nebraska
- Warning - Under Nebraska
Law, an equine professional is not liable for an injury to or the death
of a participant in equine activities resulting from the inherent risks
of equine activities pursuant to sections 25-21,249 to
25-21,253. (Sign posting is required.)
New Hampshire
- No Signs or Contractual Language
is required to obtain the benefits offered by your state's law.
New Jersey
- Signs
are required to be posted, but there is no Contractual Language
required in Release Forms.
New
Mexico - Signs are required to be
posted, but there is no Contractual Language required in Release Forms.
North Carolina
- Warning - Under North
Carolina law, an equine activity sponsor or equine professional is not
liable for an injury to or the death of a participant in equine
activities resulting exclusively from the inherent risks of equine
activities. Chapter 99E of the North Carolina General
Statutes. (Sign posting is required.)
North Dakota
- No Signs or Contractual Language is
required to obtain the benefits offered by your state's law.
Ohio -
"A valid waiver for
purposes of...this Section shall be in writing and subscribed by the
equine activity participant or the parent, guardian, custodian, or
other legal representative of the equine activity participant, and
shall specify at least each inherent risk of an equine activity that is
listed and that will be a subject of the waiver of tort or other civil
liability."
Oklahoma -
No
Signs or Contractual Language is required to obtain the benefits
offered by your state's law.
Oregon -
"The limitations on
liability provided in ORS 30.691 shall apply to an adult participant in
the circumstances listed in subsection (1)(b) of this section if the
participant, prior to riding, training, driving, grooming or riding as
a passenger upon an equine, knowingly executes a release stating that
as a condition of participation, the participant waives the right to
bring an action against the equine professional or equine activity
sponsor for an injury or death arising out of riding, training,
driving, grooming or riding as a passenger upon the equine. A
release so executed shall be binding upon the adult
participant........."
Rhode Island
- Warning - Under Rhode
Island Law, an equine professional, unless he or she can be shown to
have failed to be in the exercise of due care, is not liable for an
injury to, or the death of, a participant in equine activities
resulting from the inherent risks of equine activities, pursuant to
this chapter. (Sign posting is required.)
South Carolina
- Warning - Under South
Carolina law, an equine activity sponsor or equine professional is not
liable for an injury to or the death of a participant in an equine
activity resulting from an inherent risk of equine activity, pursuant
to Article 7, Chapter 9 of Title 47, Code of Laws of South Carolina,
1976. (Sign posting is required.)
South
Dakota - Warning - Under South
Dakota law, an equine professional is not liable for an injury to or
the death of a participant in equine activities resulting from the
inherent risks of equine activities, pursuant to Section
42-11-2. (Sign posting is required.)
Tennessee - Warning - Under Tennessee Law, an equine professional is not liable for an injury to or death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Tennessee Code Annotated, title 44, chapter 20. (Sign posting is required.)
Texas Warning - Under Texas Law (Chapter 87, Civil Practice and Remedies Code), an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities. (Sign posting is required.)
Utah - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.
Vermont - Warning - Under Vermont Law, an equine activity sponsor is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities that are obvious and necessary, pursuant to 12 V.S.A. 1039. (Sign posting is required.)
Virginia - "The waiver shall give notice to the participant of the risks inherent in equine activities, including (i) the propensity of an equine to behave in dangerous ways which may result in injury to the participant; (ii) the inability to predict an equine's reaction to sound, movement, persons, or animals; and (iii) hazards of surface or subsurface conditions.
Washington - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.
West Virginia - "Every horseman shall.. prepare and present to each participant or prospective participant, for his or her inspection and signature, a statement which clearly and concisely explains the liability limitations, restrictions and responsibilities set forth in this article."
Wisconsin - Notice: A person who is engaged for compensation in the rental of equines or equine equipment or tack or in the instruction of a person in the riding or driving of an equine or in being a passenger upon an equine is not liable for the injury or death of a person involved in equine activities resulting from the inherent risks of equine activities, as defined in section 895.481(l)(e) of the Wisconsin Statutes. (Sign posting is required.)
Wyoming - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.