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Equine Warning Law

Equine Warning Laws

The Horse Councils around the United States have worked diligently to help protect the rights of horseman everywhere.  Whether you are a professional trainer, a non-profit riding club, or a personal horse owner, the Equine Warning Law is designed to help protect your rights in the event that you are sued.  If you do not comply with the laws in your state, you could be jeopardizing your insurance coverage in the event of a claim.

 

Below is a comprehensive list of the states that have equine statutes in place.  Some states do require that the Warning Law or other specific wording be shown in your Release of

Liability form.  Some states also require that you post signs at your facility with the Warning Law on them.

 

Posting Requirement - This means posting a sign/signs with specific language at entrances, common areas or around the location where people are most likely to see it.  Some states have laws regarding the letter sizes, colors and where signs should be posted.  Posting requirements by state are shown below.

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Contracts and Waivers/Releases - Many states require that certain language be included in all contracts or waivers/releases for boarding, instruction, breeding, leasing, etc.  Shown below are the states that require specific wording

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Please check with your state to verify any updates.

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The following states do not have an Equine Activity Statute:

Alaska, California, Maryland, and New York.

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Alabama - Warning - Under Alabama Law, an equine activity sponsor or equine professional is not liable for an injury or death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to the Equine Activities Liability Protection Act. (Sign posting required.)

 

Arizona - "A signed release acknowledges that the person is aware of the inherent risks associated with equine activities, is willing and able to accept full responsibilities for his own safety and welfare and releases the equine owner or agent from liability unless the equine owner or agent is grossly negligent or commits willful, wanton or intentional acts or omissions."

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American Flags

Arkansas - Warning - Under Arkansas law, an equine activity sponsor is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risk of equine activities. (Sign posting required.)

Colorado - Warning - Under Colorado Law, an equine professional is not liable for the injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes. (Sign posting required.)

Connecticut -  No Signs or Contractual Language is required to obtain the benefits offered by your state's law.

Delaware - Warning - Under Delaware 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 10 Delaware Code Section 8140.  (Sign posting required.)

 

Dressage arena at night

Florida - Warning - Under Florida law, an equine sponsor or 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.  (Sign posting required.)

Georgia - Warning - Under Georgia law, an equine activity sponsor or 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 Chapter 12 of Title 4 of the Official Code of Georgia Annotated.  (Sign posting required.)

Hawaii - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.

 

 

Idaho - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.

Illinois - Warning - Under the Equine Activity Liability Act, each participant who engages in an equine activity expressly assumes the risks of engaging in and legal responsibility for injury, loss, or damage to person or property resulting from the risk of equine activities.  (Sign posting required.)

Indiana - Warning - Under Indiana 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.  (Sign posting required.)

Iowa - Warning - Under Iowa Law, a domesticated animal professional is not liable for damages suffered by, an injury to, or the death of a participant resulting from the inherent risks of domesticated animal activities, pursuant to Iowa Code Chapter 673.  You are assuming the inherent risks of participating in this domesticated animal activity. (Must be in black letters at least 1" in height)

Kansas - Warning - Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of domestic animal activities, pursuant to sections 1 through 4.  You are assuming the risk of participating in this domestic animal activity.  (Sign posting required.)

Kentucky - Warning - Under Kentucky law, a farm animal activity sponsor, farm animal professional, or other person does not have the duty to eliminate all risks of injury to the participation in farm animal activities.  There are inherent risks of injury that you voluntarily accept if you participate in farm animal activities.  (Sign posting required.)

Louisiana - Warning - Under Louisiana law, an equine activity sponsor or equine professional is not liable for an injury to death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to R.S. 9:2795.1.1. (Sign posting required.)

Maine - Warning - Under Maine law, an equine professional has limited liability for an injury or death resulting from the inherent risks of equine activities.  (Sign posting required.)

Massachusetts - Warning - Under Massachusetts law, an equine professional is not liable for an injury to, or 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.  (Sign posting required.)

Michigan - Warning - Under the Michigan equine activity liability act, an equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from the inherent risk of the equine activity.  (Sign posting required.)


Minnesota - Signs are required to be posted, but there is no Contractual Language required in Release Forms.  Minnesota Statutes 604A.12, Subd.4: Posting notice. A livestock activity sponsor shall post plainly visible signs at one or more prominent locations in the premises where the livestock activity takes place that include a warning of the inherent risks of livestock activity and the limitation of liability under this section.


Mississippi - Warning - Under Mississippi law, an equine activity or equine sponsor 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 this chapter. (Sign posting required.)

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Missouri - Warning - Under Missouri 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 the Revised Statutes of Missouri.  (Sign posting required.)

Montana - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.


Nebraska - Warning - Under Nebraska 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 sections 25-21,249 to 25-21,253.  (Sign posting is required.)

 

Two chestnut hoses in field

Nevada - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.

New Hampshire - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.

New Jersey - Signs are required to be posted, but there is no Contractual Language required in Release Forms.

New Mexico - Signs are required to be posted, but there is no Contractual Language required in Release Forms.

North Carolina - Warning - Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities.  Chapter 99E of the North Carolina General Statutes.  (Sign posting is required.)

North Dakota - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.

Ohio - "A valid waiver for purposes of...this Section shall be in writing and subscribed by the equine activity participant or the parent, guardian, custodian, or other legal representative of the equine activity participant, and shall specify at least each inherent risk of an equine activity that is listed and that will be a subject of the waiver of tort or other civil liability."

Oklahoma - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.

Oregon - "The limitations on liability provided in ORS 30.691 shall apply to an adult participant in the circumstances listed in subsection (1)(b) of this section if the participant, prior to riding, training, driving, grooming or riding as a passenger upon an equine, knowingly executes a release stating that as a condition of participation, the participant waives the right to bring an action against the equine professional or equine activity sponsor for an injury or death arising out of riding, training, driving, grooming or riding as a passenger upon the equine.  A release so executed shall be binding upon the adult participant........."

 

Pennsylvania - "You assume the risk of equine activities pursuant to Pennsylvania law" (Must be posted in 2 or more places)

Rhode Island - Warning - Under Rhode Island Law, an equine professional, unless he or she can be shown to have failed to be in the exercise of due care, 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 this chapter.  (Sign posting is required.)

South Carolina - Warning - Under South Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of equine activity, pursuant to Article 7, Chapter 9 of Title 47, Code of Laws of South Carolina, 1976.  (Sign posting is required.)

South Dakota - Warning - Under South Dakota 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 42-11-2.  (Sign posting is required.)

Tennessee - Warning - Under Tennessee Law, an equine professional is not liable for an injury to or death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Tennessee Code Annotated, title 44, chapter 20.  (Sign posting is required.)

Texas - Warning - Under Texas Law (Chapter 87, Civil Practice and Remedies Code), 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.  (Sign posting is required.)

Utah - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.

Vermont - Warning - Under Vermont Law, an equine activity sponsor is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities that are obvious and necessary, pursuant to 12 V.S.A. 1039.  (Sign posting is required.)

Virginia - "The waiver shall give notice to the participant of the risks inherent in equine activities, including (i) the propensity of an equine to behave in dangerous ways which may result in injury to the participant; (ii) the inability to predict an equine's reaction to sound, movement, persons, or animals; and (iii) hazards of surface or subsurface conditions.

Washington - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.

West Virginia - "Every horseman shall.. prepare and present to each participant or prospective participant, for his or her inspection and signature, a statement which clearly and concisely explains the liability limitations, restrictions and responsibilities set forth in this article."

Wisconsin - Notice: A person who is engaged for compensation in the rental of equines or equine equipment or tack or in the instruction of a person in the riding or driving of an equine or in being a passenger upon an equine is not liable for the injury or death of a person involved in equine activities resulting from the inherent risks of equine activities, as defined in section 895.481(l)(e) of the Wisconsin Statutes.  (Sign posting is required.)

Wyoming - No Signs or Contractual Language is required to obtain the benefits offered by your state's law.

© All American Horse Insurance Agency. 

Questions? Contact us today!

Tel: 435-896-4593

Fax: 435-893-0920

allamericanhorseinsurance@gmail.com

P.O. Box 419

Annabella, UT 84711

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