Equine Law Blog

Problems People Encounter With Equine Contracts - And How to Avoid Them

I receive numerous calls from people in the midst of contract disputes.  Most people thought they protected themselves by using a contract, only to discover later that the contract was either silent or unclear on an important aspect of the transaction.

Let me share with you some problems people have encountered with equine industry contracts to help you avoid them.

Releases

Problems

Several years ago I was hired to try a case in Illinois, defending a riding stable whose customer was injured when the saddle slipped.  One of the issues centered on the stable’s “liability release.”  The release, despite its title, was missing the most fundamental element that lawyers call “exculpatory language”; that is the language through which the signer agrees to release the stable from liability.  Though we won the trial, the case would have been easier – or might not have been brought at all – if the release included the exculpatory language.

I also worked on a Florida case where a woman was thrown from a horse during a riding lesson and sued the stable.  The stable thought it had a liability release on file for the injured customer.  The problem was, the customer only signed the document years earlier in her capacity as parent for her son who took lessons.  Never did the release specify that she was signing for herself, individually.

Solution

Stables should make sure that their release documents (where allowed by law) comply with state law by including proper language.  For releases, some of the important language can include, among other things:

• The exculpatory language (as required by state law; states can vary greatly here)
• An identification of who is signing the document
• A clear identification of who is being released from liability

Boarding Contracts

Problems

Years ago I represented a boarding stable in a lawsuit that was brought by the owner of a horse that was kicked by another horse in the pasture.  The boarder insisted that the stable agreed to give the horse individual turnout, but the stable denied this.  Nowhere did the contract specify what type of turnout the horse would receive, whether group pasture or individual paddock.

Solution

Boarding contracts can foresee and try to prevent problems in a few ways:

• The contract can, for example, specify the basic services the stable will provide (such as the maximum ration of grain and hay that boarded horses receive as well as a schedule of fees if the boarder wants extra feed) as well as whether pasture turnout will be individual or group.  Boarders with special requests have can make sure that the contract addresses their interests in this regard.
• Stables can make sure that their boarding contracts also include a liability release that pertains to the boarded horse (where allowed by law).

Categories: Boarding, Contracts, Sales/Disputes