Equine Law Blog

Liabilities Involving Event Spectators

Spectators at horse shows and visitors at stables, just by being near a horse, are at risk of being injured. And, as these examples show, spectators sometimes bring lawsuits. For example:

• During a street parade, a spectator wanted to cross the street and spotted a "break" in the procession that was just ahead of an approaching group of horses.  The spectator carried a lawn chair and crossed the street.  A pony in the group of advancing horses in the parade, likely spooking from the lawn chair, bolted forward and collided with the spectator.  She was injured and sued.
• While visiting a friend at a boarding stable, the guest watched a horse be led toward a pasture and through a gate.  Suddenly, the horse bolted backwards into the gate, causing fence rail boards to pop out of a bracket and strike the guest in the face.  She sued.
• A spectator at a rodeo placed his hands on the outside of a chain link fence, but his hands became entangled when a horse that was tied to the fence suddenly pulled away.  His hands were injured and he sued.
• After watching a friend take a riding lesson at a stable, a visitor walked down the barn aisle, but a horse in the barn suddenly lunged its head outside of its stall door and bit him.  She sued.

When injured spectators sue horse owners and stables, their lawsuits typically proceed under the legal theory of negligence or under a provision of a state equine activity liability act.  Both of these are discussed below.

Negligence

In lawsuits involving negligence, the one who sues (the "plaintiff") claims that the person or business allegedly at fault (the "defendant") failed to act as a reasonably prudent person would have under similar circumstances.  For example, a spectator at an Ohio race track brought a lawsuit that alleged negligence after she was trampled by a loose race horse that unseated its driver and ran loose throughout the grounds.  She claimed that the track was negligent for allowing gates to remain open during the races that allegedly gave race horses an opportunity to run loose into spectators such as the plaintiff.  The Ohio Court of Appeals allowed the spectator’s case to proceed.

Equine Liability Acts

As of December 2011, 46 states have equine activity liability acts on the books.  These laws all differ but generally apply to people who are "participants" and "engage in equine activities."  An issue that occasionally arises is whether the law applies to claims brought by spectators who were hurt while visiting stables or equine events.  In one lawsuit, for example, a court ruled that Michigan's Equine Activity Liability Act applied to a lawsuit brought by visitor at a stable who merely walked down the barn aisle when and was bitten by a horse.  She argued that the statute did not apply to her because she was a spectator, but the court ruled that she was actually a "participant" under that state’s law by "visiting, touring, or utilizing an equine facility."

If you have any questions about spectator liability, please contact me using the form below.

Categories: Liability, Regulatory