Horse trainers, horse owners and property owners dread the
thought of someone getting hurt on their horse or property; however, personal
injuries are often unavoidable situations. Suppose you are faced with the
following situation. What should you do?
You own a riding stable on a 100-acre farm. As part of your
business, you often allow individuals to ride for a fee. One day, a young man
comes to your facility and asks to ride on trails around the farm. He assures
you he has ridden before and is only wanting to brush up on his riding skills.
Willing to comply, you and he saddle up your horse and take off on a short trail
ride. Despite your warnings and despite the man's obvious over-estimate of his
riding ability, the man asks the horse to gallop across a small field. Before
you can stop him to ask that he dismount, the gentleman falls off the horse,
injuring his leg.
You rush over to the gentleman and ask if he is okay. He
immediately apologizes and acknowledges that he failed to heed your warnings. He
indicates that his leg is sore, but okay.
Ten months later, you are served with a lawsuit filed by the
rider alleging that as a result of your mounting him on a dangerous horse, he
has suffered permanent neck and back injuries. As a result, he is suing for
$1,000,000.
First of all, do not think this could not happen to you. It
can, and the longer you stay in the horse business, the higher the odds that it
actually will. However, if someone is injured on your property or on your horse,
what should you do? Here are a few points to consider:
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Do not admit guilt, or admit that you were or
may have been negligent in any way. |
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Never assume that the person will not sue
you. "Friends" are often the first to sue. |
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Take immediate action to obtain medical
attention for the injured person. Never refuse to offer medical attention
if the person needs it. This in itself can lead to liability. |
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Make sure you have the injured person's name,
age, address and telephone number. |
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If there were witnesses to the accident, get
their names, addresses and telephone numbers as well. |
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Because time often leads to poor memory,
consider writing an incident report for your file outlining what happened.
If you question whether you should do so, contact your lawyer as soon as
possible. However, if you decide to write an incident report, include the
time of the incident, information about what you saw, what you heard
people say as well as any action you took following the accident. |
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If the accident involved a horse, include in
your incident report, the name, age, and markings of the horse so the
horse readily can be identified in the future. Also include information
about the tack on the horse - identify the bridle, saddle, etc. |
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Consider taking pictures of the horse and the
accident scene. Be sure to document when the photos were taken. |
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If you obtained a written waiver and release
of liability from the rider before the injury (which I hope you did!) keep
the original in a safe place. |
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If you had properly posted an Equine
Activities Liability Act Warning sign at the facility, pursuant to your
state's law, take a photo of the sign. Be sure to document when the photos
were taken. |
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Look at your homeowner's policy or other
liability insurance. You may be required under the policy to notify the
insurance company of the incident as soon as possible. |
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If you have any questions about the incident
or the possibility of being sued, contact your lawyer and your insurance
company. |
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Keep in mind that any information you compile
will more than likely become evidence in a lawsuit if one is filed;
therefore, keep it in a safe place. If your lawyer or insurance company
wants the information, be sure to keep copies of everything for your
records. |
Unfortunately, there is no document that can be signed or
action you can take that will ensure that you will not be sued. All you can do
is take steps to increase the likelihood of success if you are sued. While the
above list is hardly exhaustive, and only considers the actions you should take
after an accident has occurred, it should provide you with a few things to
consider if someone is ever injured on your horse or on your property.
To contact:
Lynda Motes Hill
Miller & Martin LLP
832 Georgia Avenue
Suite 1000 Volunteer Building
Chattanooga, Tennessee 37402
or e-mail at:
lhill@millermartin.com
The information provided by this article is for general information only
and may be considered advertising under applicable court rules. It is not
intended and should not be construed as legal advice. With regard to specific
circumstances, each person should seek the advice of his or her attorney.
Lynda Hill and Miller & Martin, LLP do not assume an obligation to provide
information or advice through this article or in any other manner unless we
specifically agree with a client to do so. Certification as an Equine Law
Specialist is not currently available in Tennessee.