A commonly asked question in the equine world is “what is my liability if someone trespasses onto my land and gets hurt by my horse?”
Typically, if we invite someone onto our land, we must take some care to keep them safe. But when someone enters our land without our permission, we still have some degree of care we must take. Some states have laws that find you cannot be sued if someone gets hurt while trespassing, period. Other states say that you still have some degree of liability. There have been equine law statutes enacted in some states that relieve owners of liability if someone gets hurt on their property within the typical occurrence of horse related activities if they post such a sign on the property. But we all know that some children are too young to read these sign, or even if they can, are unable to comprehend the severity of the situation. Imagine if you will, your neighbor’s child decides to come onto your property to see your horses. They are beautiful and majestic creatures that children would love to be close to. After all, what little girl does not want to ride a pony? But what happens if she gets hurt? Can you be sued? Well, as with many things in the law, there is no simple answer. A number of courts have found that a child can find a horse to be an attractive nuisance, thereby creating a greater degree of responsibility on the owner to make sure individuals, including trespassers, do not get hurt by it on their land. Additionally, the courts will look at how foreseeable it was the child would enter the property and what reasonable steps, if any, the landowner took to prevent trespassing and to prevent harm to the child. So what is the law in your state? Well, it depends. And since this discussion focuses on a general discussion of the material presented, it is not a comprehensive discussion going through every state’s specific laws therefore it should not be considered binding legal advice.
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There are a number of reasons why people decide to breed horses. Often it is because there is a unique blood line in a horse that is sought to be preserved and even blended with another equally unique blood line. However there are certain things that need to be considered when engaging in an equine breeding arrangement. Some considerations include the following:
It is important for all the parties involved to know what type of arrangements works best for them and to prepare a binding agreement to ensure all of their basic legal interests are covered. In the wake of the recent hurricanes and all the devastation they left behind, it brings to mind that we have to always be prepared for a disaster. But how do we make sure that we are ready?
Below is a non-exhaustive list of considerations when preparing a disaster plan for your horse:
It is important to practice your emergency evacuation plan before an emergency strikes to ensure all responsible parties are prepared and ready. Also remember to share your evacuation plan with your friends and family. I recently had a chance to sit down with Scott Lombard from Corinthian Insurance and I was pleasantly surprised about what I learned. They are a unique company that is committed to helping horse owners by providing insurance that benefits horses throughout New England.
As any horse owner knows, caring for and maintaining a horse can be very expensive and there are often unexpected things that come up. Whether it is mortality insurance on the horse or a horse owner liability insurance policy in case the horse causes damages, having the appropriate insurance lined up in case something happens makes a lot of sense. I consider Corinthian Insurance a top notch Insurance agency when it comes to making sure that your horse is properly insured. For more information feel free to contact Corinthian Insurance at 508-533-5103 and www.corinthianinsurance.com Often, horses are sold “as is”. The term “as is” refers to giving notice to buyers that they are taking ownership of the horse in its current condition along with all its potential problems and conditions. One purpose for an “as is” sale would be to ensure that once the sale is complete, the buyer will not go back to the seller and complain about an issue with the horse. Any expressed or implied warranties are usually excluded from an “as is” sale. So the take away is “buyer beware”, and that the buyer should know what he or she is getting into before the sale is finalized.
Purchasing a horse can be an expensive and life changing undertaking. A horse is a huge responsibility and in some ways more complicated than acquiring any other pet. Below are some considerations when purchasing a horse:
Massachusetts, like many other states, has enacted an Equine Liability Statute known as Massachusetts General Laws Chapter 128 Section 2D. This Statute is intended to protect equine facilities and other equine professionals from being liable as a result of the inherent risks of equine activities. In addition every equine professional shall post and maintain signs which contain the following warning: WARNING Under Massachusetts law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 2D of chapter 128 of the General Laws.
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AuthorPeter A. Moustakis is the founder of Moustakis Law LLC Archives
August 2020
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Please note that the information contained in this blog is not an exhaustive list of the matters pertaining to the discussion. Every person has a unique situation that must be tailored with the advice of an attorney after consultation. The material published on this blog is made available by the Moustakis Law LLC for informational purposes only and should not be considered legal advice. Before you make any decision that may have legal implications, you should consult with a qualified legal professional for specific legal advice tailored to your situation. Your visiting this blog does not establish an invitation to enter into, and does not create an attorney client-relationship. |