The Legal Equine Edge-Are Horses an Attractive Nuisance?

By: Lynda Motes Hill - Attorney

Children are fascinated by horses.  As a result, they are often drawn to pastures or stables for the opportunity to look at them more closely.  However, what happens if a child crosses a fence or comes into a stable without permission, gets too close to a horse and is accidentally injured?  Who is liable for the injuries?

As a general rule, trespassers are provided little protection under the law; however, if the trespasser is a child an exception to this rule may arise under the "attractive nuisance" doctrine.  What is an attractive nuisance?  Generally speaking, an attractive nuisance is any condition on the land that poses an unreasonable risk of harm and tends to attract children.  This doctrine most commonly arises in the case of swimming pools or other artificial conditions; however, the question of whether a horse constitutes an attractive nuisance has been addressed by courts on a few occasions. 

Horses are not an attractive nuisance per se; however, each case presents different facts so courts look at several different factors to determine whether a horse creates an attractive nuisance such that the horse owner or land owner will be liable for injuries sustained by trespassing children. Here are the most common factors:

What can an owner do to protect him/herself from liability?  While there is no way to prevent a lawsuit, it is possible to take steps to reduce the risk of liability for injuries sustained by trespassing children.  Here are a few suggestions:  First and foremost, if you are aware that your horse has dangerous propensities, try to keep the horse away from areas easily accessible or visible to children.  Second, regardless of whether your horse has dangerous propensities, make sure fencing is properly maintained and that you have complied with any or all laws or ordinances regarding proper fencing for horses or livestock.  Third, if you see a child trespassing, ask the child to leave the area, advise the child's parents in writing that the child has trespassed and ask that the parents take affirmative steps to keep the child away or request that the child only visit the horses under your supervision.   If you decide to write a letter to the parents, try to avoid using language that could be considered an admission that your horses are dangerous.  While all horses may pose a risk of danger to a child, due to a child's size and inexperience, that does not suggest that a horse is dangerous or will harm a child.  Finally, obtain liability insurance. 

Again, there is no absolute protection against lawsuits.  However, if an owner takes an active role in ensuring that horses, regardless of their propensities, are properly maintained, and that children and their parents are properly warned, the risk of liability should be reduced.  If you have additional questions about additional steps you may be able to take to protect yourself from attractive nuisance liability, contact a knowledgeable attorney in your state.