Equine Law Blog

How Do Equine Activity Liability Act Warning Requirements Differ?

Nationwide, 46 states – all but California, Maryland, Nevada and New York – have some form of an equine activity liability act. All of these laws differ, but approximately 31 require sign posting, usually, but not always, by “equine professionals.” The sign posting requirements vary considerably among the laws. Here’s a sampling of how the laws differ.

Delaware

Delaware’s law, 10 Del. Code § 8140(d)(1), states that “every equine professional” shall post and maintain signs that contain a warning notice specified in the law, and the warning notice  “shall appear on the sign in red and white, with each letter to be a minimum of 1 inch in height.”

Illinois

Illinois’ law, at Il. Stat. Ch. 745 §47/25(a), requires “every equine professional” to post and maintain signs that contain that state’s warning notice “in a clearly visible location on or near stables, corrals, or arenas where the equine professional conducts equine activities if the stables, corrals, or arenas are owned, managed, or controlled by the equine professional.”  The warning notice is to appear on the sign in black letters, with each letter to be a minimum of one inch in height.

Missouri

Missouri’s law, at Mo. St. § 537.325 (6), states that “every equine activity sponsor” shall post and maintain signs with a warning notice specified in the law “in black letters on a white background with each letter to be a minimum of one inch in height.”

Pennsylvania

Pennsylvania’s law, Penn. Stat. § 603, provides immunity as to claims by adult equine activity participants only where signs are conspicuously posted on the premises at least three feet by two feet, in two or more locations.

Wisconsin

W. S. A. §895.481(4)  requires “every equine professional” to post and maintain signs in a clearly visible location on or near stables, corrals or arenas owned, operated or controlled by the equine professional. The signs shall be white with black lettering, each letter a minimum of one inch in height” and contain the warning notice specified in the law.

Interestingly, except for the Pennsylvania law, none of the laws specifies exactly how many signs should be posted.  Be sure to read each equine activity liability law carefully in the states where you do business and seek legal consultation where appropriate. 

Categories: Liability