Dear Ms. Fershtman:
I have a boarding stable. I put a sign on the barn that says, “Ride at Your Own Risk” so I don’t need a waiver. Correct?
– S.D. (state withheld)

Dear Ms. Fershtman:
I gave my friend permission to go trail riding on my horse while I’m at work. My boarding stable has a warning sign from the liability statute so I don’t need a release. Correct?
T.G. (No state specified)

The Difference Between a Sign and a Release


There are important differences between posting a sign and using a release of liability that is legally valid, well-written, and properly signed. Certainly, a sign that says “ride at your own risk” announces the stable’s intention to limit its liability. But signs of this nature have their limitations.

First, in my experience handling lawsuits, I usually find that the injured person will deny ever having seen a sign.

Second, most states with equine activity liability laws require “equine professionals” and “equine activity sponsors”, sometimes both, to post warning signs with language that states far more than “ride at your own risk.” Signs need to include “warning” language. In a small number of states, the equine liability laws state that those who fail to follow these requirements could lose the benefit of any immunities in the law.

Third, if a person should be injured while not riding, such as from a kick or bite, he or she might claim that the “ride at your own risk” sign did not apply.

Whether or not these arguments have any merit is not the issue. What matters is that the mere posting of a “ride at your own risk” sign is usually not enough to fend off a lawsuit. A release of liability, by comparison, can serve as written proof that someone has read, understood, and agreed to accept a limit of liability.

An Equine Activity Liability Law Is Not The Same as a Release

If you live or do business in one of the 46 states with an equine activity liability law on the books (as of January, 2008), your law might offer strong protection against many types of equine-related liabilities. However, these laws were not designed to permanently end all forms of liability in the horse industry.

Because no “zero liability” laws exist, a written release of liability, where allowed by law, is an important extra attempt to avoid liability. Also, some state equine activity liability laws actually encourage the use of releases and offer some language to include within them. These states include Arizona, Ohio, Illinois, Iowa, Kansas, Utah, Virginia, and West Virginia.

Also, releases have been enforced in some states that have equine liability laws:

• In 1998, Colorado’s highest court ruled that a liability release could waive liability even for claims that were based on exceptions to the Colorado equine activity liability law. However, because Colorado law prevents releases from waiving liability for willful and wanton misconduct, the court allowed the lawsuit to proceed only on those claims.

• In 1999, a court dismissed a lawsuit against a Wyoming dude ranch because its release was deemed powerful enough to prevent claims for violation of the Wyoming Recreation Safety Act (Wyoming’s version of an equine liability law).

Extra Benefits of a Release of Liability

Posting a warning sign can be important, especially where required by law, but a properly-worded release of liability can accomplish even more. For example:

Risks. Most of the 46 state equine activity liability laws acknowledge that equine activities involve “inherent risks” and the laws state that equine professionals, equine activity sponsors, and possibly others cannot be sued if a participant is injured or dies as a result of an “inherent risk of an equine activity” (subject to the law’s exceptions and provisions). A release of liability can list these inherent risks as well as other risks.

Affirm its Binding Effect. What if T.G., whose friend rides her horse on trails while she works, gets thrown from the horse on a trail far from the stable’s property? Possibly, the rider might claim that the stable’s “Ride at Your Own Risk” sign applies to rides on the stable’s property, only. Whether or not this argument is valid, a release can seek to prevent it by specifying that it is binding when someone rides or is near horses at any location.

Equine Activity Liability Act Notices. Most state equine activity liability laws require “equine professionals” and “equine activity sponsors,” sometimes both, to post warning signs with specific language. These laws sometimes require specific language in contracts and releases. Florida’s Equine Activity Liability Act states that “equine professionals” or “equine activity sponsors” are spared the burden of posting warning signs if they use written contracts that include the same “warning” language.

 

This article does not constitute legal advice. When questions arise based on specific situations, direct them to a knowledgeable attorney.