Saddle up safely: liability for horse riding accidents at home

Horse riding is a very enjoyable but dangerous sport. The risk of someone getting seriously injured is high, and the consequences can be financially devastating. This article outlines three proactive, practical measures that you can take to reduce your risk of liability for horse riding accidents and to ensure a safe, enjoyable experience for all.

Equestrians who are fortunate enough to have horses at home may find great joy in sharing the experience of riding with others. This willingness to generously share the passion for horses and encourage others to get involved with the sport is what makes our community such a welcoming one.

A question I am often asked as an equine lawyer is “can I be held liable if someone has a horse riding accident on my property?”. The answer to that question is yes, you could be – it will depend on the circumstances of each case. However, there are some proactive, practical measures that you can take to reduce your risk of liability for horse riding accidents and to ensure a safe, enjoyable experience for all.

1. Assess the risks: is this safe?

Think broadly about all of the possible ways that an accident could happen. If a visitor will be riding one of your horses, this should include consideration of the horse’s temperament, education and skill level of the intended rider. Evaluate the condition of your arena and check for any hazards such as uneven terrain, low hanging branches or unrestrained animals that could spook your horse. The equipment and tack that you use should also be properly maintained, fitted and meet any relevant safety standards. This is not an exhaustive list and will vary depending on your setup, but it is important to regularly identify, assess and address the risks associated with horse riding on your property. You can prepare a checklist to follow on each occasion and also prepare safety guidelines for visitors.

2. Waiver of liability

A waiver of liability is a legal document that individuals sign, acknowledging the inherent risks involved in activities like horse riding and agreeing to not hold you (or your business) liable for any injuries that may occur. Waivers play a significant role in reducing liability for accidents but cannot absolve responsibility for reckless conduct. This is where the old turn of phrase “waivers aren’t worth the paper they are written on” may have come from. While it’s true that a waiver may not protect you if you have blatantly ignored significant risks, they serve as an additional layer of protection and are helpful in your defence if you are taken to court in other circumstances. It’s worth noting that a waiver is a very important legal document and to have legal effect it must be:

(a) drafted properly, as the contents of the waiver will depend on many factors, including whether the rider is a child, and

(b) signed at the correct time.

A relatively small, initial investment in a waiver that is drafted specifically for you or your business by an experienced lawyer could save you from a financially devastating personal injury claim (where compensation can run into the millions of dollars).

3. Insurance

If you or your business does get sued, insurance can cover the costs of your legal fees to defend the claim and the damages that might be payable if you lose or settle the case. Your insurance broker will be able to recommend suitable insurance products and coverage. When speaking with your insurance broker, remember to mention your risk management plan (see point #1) and waiver of liability (point #2) if you have them.

Horse riding is a very enjoyable but dangerous sport. The risk of someone getting seriously injured is high, and the consequences can be financially devastating. The three measures outlined above operate together to mitigate potential risks. However, there will be additional considerations and measures that can be taken depending on your individual circumstances, including where you live in Australia and whether you are operating a business. It is a good idea to get specific legal advice before an accident occurs, particularly if you run a horse related business or have any concerns about potential risks at home.

Case example: McDermott v Woods [2015] NSWDC 27

On 26 March 2010, Elizabeth took her horse “Star” to her instructor’s property for a lesson. She was a relatively inexperienced rider and had bought Star to learn on. During the lesson, Elizabeth started to have some trouble slowing Star’s canter, and so the coach called her over and tightened the noseband to the highest hole. When Elizabeth tried to canter Star again, she reared and fell to the ground, crushing Elizabeth’s ankle. She suffered a fractured heel bone and soft tissue injuries, resulting in ongoing physical and psychological pain. Elizabeth brought an action against the coach in the District Court of New South Wales. One of the issues the judge considered was whether a waiver had been signed prior to having any lessons. The coach was unable to produce evidence of a waiver that had been signed by Elizabeth. Ultimately, the judge found the coach had acted negligently by tightening Star’s noseband and was wholly liable for Elizabeth’s injuries. She was ordered to pay $334,734 in damages plus Elizabeth’s legal costs.

PURE Equine Law regularly assists clients with risk management and the preparation of waivers of liability. Contact us today to speak with an equine lawyer with specialised knowledge in the horse industry.

*Information is general and not legal advice.