riding lessons - too much liability?

[horsecrazymom]

So, I am thinking come Spring when the weather breaks of offering very beginning getting to know the horse and riding lessons. Ya know.. the kind where you start with teaching them about the horses body language, how to brush, how to tack up, then how to stay on.. nothing fancy but I can properly teach them the basics of riding no problem. (aiming more for kids than adults).

Have two horses that would be good. Griffin is 100% perfect on the ground for anyone to work around. My 5 year old works around him all the time, brushing him, loving on him. Then my brothers 24 year old Arabian would be amazing for the rest of it.. he is SO calm and SO poky omg I cannot ride him because he is too slow lol.

The thing is.. I am willing to pay to have someone draw up a no liability contract.. but its on my parents property. Is there any way to absolutely INSURE that under no way can we be sued if someone were to happen?

[SunshineAcres]

Giving beginner lessons will be a lot of fun! It can be frustrating though. I once had a lady who, after six months, still could not get the latigo knot tied on her own! I think she was missing a chromosome! lol
It's pretty difficult for a person to sue you and WIN. You will need to post the equine activity sign and I would suggest the supplemental sign. Have them sign a liability waiver, barn rules, helmet waiver and give them a copy. Unless you're grossly negligent, you should be fine. Good luck and have fun.

[gallowayfarms]

Hi,

I just wanted to respond to your question. I don't post much but wanted to maybe help out.

You need Liability Ins. to teach lessons. Not just Liability on your farm, It's special insurance just for lessons. You may find the money you make on your lessons doesn't cover the insurance.

To my knowledge there is no waiver that can be signed in Michigan that can waive a person right to liability. Another words, you can be sued over anything. If they win that's a orther thing, but your court cost to battle it could be a lot, even if you win.

I found that when dealing with children the liability insurance is more money. My insurance agent (Pat Timmony) of Farm Bureau could help you. He explained to me that, for example, you are giving a lesson and you say "o.k. Mary, drop your stirrups". Mary drops her stirrups and falls off and gets hurt. Now the parent says, Mary was not ready to drop her stirrups and the "Professional instructor" should of known that. You are now liable, and be prepared to be sued. Say the amount awarded to the family is more than your insurance will cover.....they now can go after you personally if your not an L.L.C. If you are an L.L.C. they can only go after what is in your L.L.C. or owned by them.

I know you want to help children, and that is a very wonderful thing. Just keep in mind that children come with parents and some of the parents might not be what you expected.

Best
Christy
www.galloway-farms.com

[cremellomare]

Jan 26, 2009 9:21:42 GMT -5 SunshineAcres said:

It's pretty difficult for a person to sue you and WIN.

All they have to prove to win is negligence or carelessness. Very easy to do with horses, all the person sueing has to say is that they were overmounted. I worked at a riding stable and got a call 4 years later over a lawsuit. It is too easy to go in the other persons favor and not yours. Sad but true. The equine libility law doesn't protect the equine professional all that well.

[strayacres]

The Equine liability Act is to protect us Equine professionals and as long as you use the proper tools you will be covered. Make sure you have a Release of Liabilty that covers all the laws in your area (they can be very specific) and make sure you stick to them to a T. Here is a copy of the Act

Equine Activity Liability Act

Statute Details

Citation: MI ST 691.1661

Citation: MCL 691.1661

Summary:
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.



Statute in Full:

691.1661. Short title
Sec. 1. This act shall be known and may be cited as the "equine activity liability act".

691.1662. Definitions
Sec. 2. As used in this act:
(a) "Engage in an equine activity" means riding, training, driving, breeding, being a passenger upon, or providing or assisting in veterinary treatment of an equine, whether mounted or unmounted. Engage in an equine activity includes visiting, touring, or utilizing an equine facility as part of an organized event or activity including the breeding of equines, or assisting a participant or show management. Engage in equine activity does not include spectating at an equine activity, unless the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity.

(b) "Equine" means horse, pony, mule, donkey, or hinny.

(c) "Equine activity" means any of the following:

(i) An equine show, fair, competition, performance, or parade including, but not limited to, dressage, a hunter and jumper horse show, grand prix jumping, a 3-day event, combined training, a rodeo, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting.
(ii) Equine training or teaching activities.
(iii) Boarding equines, including their normal daily care.
(iv) Breeding equines, including the normal daily care and activities associated with breeding equines.
(v) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner receives monetary consideration or another thing of value for the use of the equine or is permitting a prospective purchaser of the equine or an agent to ride, inspect, or evaluate the equine.
(vi) A ride, trip, hunt, or other activity, however informal or impromptu, that is sponsored by an equine activity sponsor.
(vii) Placing or replacing a horseshoe on or hoof trimming of an equine.

(d) "Equine activity sponsor" means an individual, group, club, partnership, or corporation, whether or not operating for profit, that sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, a pony club; 4-H club; hunt club; riding club; school- or college- sponsored class, program, or activity; therapeutic riding program; stable or farm owner; and operator, instructor, or promoter of an equine facility including, but not limited to, a stable, clubhouse, ponyride string, fair, or arena at which the equine activity is held.

(e) "Equine professional" means a person engaged in any of the following for compensation:
(i) Instructing a participant in an equine activity.
(ii) Renting an equine, equipment, or tack to a participant.
(iii) Providing daily care of horses boarded at an equine facility.
(iv) Training an equine.
(v) Breeding of equines for resale or stock replenishment.

(f) "Inherent risk of an equine activity" means a danger or condition that is an integral part of an equine activity, including, but not limited to, any of the following:
(i) An equine's propensity to behave in ways that may result in injury, harm, or death to a person on or around it.
(ii) The unpredictability of an equine's reaction to things such as sounds, sudden movement, and people, other animals, or unfamiliar objects.
(iii) A hazard such as a surface or subsurface condition.
(iv) Colliding with another equine or object.

(g) "Participant" means an individual, whether amateur or professional, engaged in an equine activity, whether or not a fee is paid to participate.

691.1663. Equine activity sponsors and professionals; limitations on liability

Sec. 3. Except as otherwise provided in section 5, an equine activity sponsor, an equine professional, or another person is not liable for an injury to or the death of a participant or property damage resulting from an inherent risk of an equine activity. Except as otherwise provided in section 5, a participant or participant's representative shall not make a claim for, or recover, civil damages from an equine activity sponsor, an equine professional, or another person for injury to or the death of the participant or property damage resulting from an inherent risk of an equine activity.

691.1664. Regulated horse race meetings; waivers of liability

Sec. 4. (1) This act does not apply to a horse race meeting that is regulated by the racing law of 1980, Act No. 327 of the Public Acts of 1980, being sections 431.61 to 431.88 of the Michigan Compiled Laws.

(2) Two persons may agree in writing to a waiver of liability beyond the provisions of this act and such waiver shall be valid and binding by its terms.

691.1665. Exceptions to limited liability of equine activity sponsors and professionals

Sec. 5. Section 3 does not prevent or limit the liability of an equine activity sponsor, equine professional, or another person if the equine activity sponsor, equine professional, or other person does any of the following:

(a) Provides equipment or tack and knows or should know that the equipment or tack is faulty, and the equipment or tack is faulty to the extent that it is a proximate cause of the injury, death, or damage.

(b) Provides an equine and fails to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to determine the ability of the participant to safely manage the particular equine. A person shall not rely upon a participant's representations of his or her ability unless these representations are supported by reasonably sufficient detail.

(c) Owns, leases, rents, has authorized use of, or otherwise is in lawful possession and control of land or facilities on which the participant sustained injury because of a dangerous latent condition of the land or facilities that is known to the equine activity sponsor, equine professional, or other person and for which warning signs are not conspicuously posted.

(d) Commits a negligent act or omission that constitutes a proximate cause of the injury, death, or damage.

691.1666. Warning signs and notices
Sec. 6. (1) An equine professional shall post and maintain signs that contain the warning notice set forth in subsection (3). The signs shall be placed in a clearly visible location in close proximity to the equine activity. The warning notice shall appear on the sign in conspicuous letters no less than 1 inch in height.

(2) A written contract entered into by an equine professional for providing professional services, instruction, or rental of equipment, tack, or an equine to a participant, whether or not the contract involves an equine activity on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice set forth in subsection (3).

(3) A sign or contract described in this section shall contain substantially the following warning notice:

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 an
inherent risk of the equine activity



**Also, I would recommend starting an LLC - very cheap to do and it protects your family in such cases of any legal proceedings due to the equine business.

The cheapest place to start for insurance would be your local Farm Bureau Insurance Company.

I have insurance thru my farm bureau for my home, barn, boarding business, lessons, race track etc.. and it's not as expensive as alot of the "Equine" companies out there are. Actually my premium is about 1/2 of what the Equine Insurers quoted me with the same if not more liability amounts.

[sreign]

strayacres, could you post the law for Indiana like you did for Michigan, or at least the links. I am in Indiana, and would love all the other information you included in your post.

Thanks
SReign