Legal Focus

The Stable Has a “No Roving Equine Professional” Policy— Now What?

By Julie I. Fershtman, Attorney at Law

For decades, my articles have addressed cautions and restrictions for stables to consider when roving riding instructors ask to do business there. What if you are the independent professional, however, without a home base and who seeks to provide horse training or riding lessons at other peoples’ stables? If a stable disallows your activities there, here are a few discussion points for roving instructors and professionals to consider as you try to encourage stables to reconsider and allow you to do business there. Keep in mind that stable managers and owners differ widely on these matters. The Problem waivers/release document forms, allowing the stable’s attorney to approve them, When independent equine professionals with the documents including the stable seek to do business at others’ stables, liain the section where the signer agrees not bility is by far the stables’ biggest concern. to sue certain persons or entities. The sad reality is that lawyers representing • Liability Insurance. Liability waivers/ injured people have been known to direct releases are not a substitute for liability their claims or suits against all people or insurance since people who sign these businesses having any connection to the documents can, and sometimes do, file horse, the land, or the activity. While it is lawsuits. Whether the document will sucnot always easy to predict who will win or cessfully cause a lawsuit to be dismissed lose a case, one guarantee is that the cost of depends on the facts and law of a partica legal defense can be tremendous. ular matter. Where liability insurance is Protective Measures involved, the parties should be aware of a Since liability is the major few things: concern of stable owners and First, the stable’s liabilmanagers when outside proity insurance policy might fessionals seek to do business not cover activities of roving there, roving professionals equine professionals. That is, might make sincere efforts to if the stable does not provide address those concerns. Here training or lessons, chances are a few options: are possible that it sought no • Liability releases. Nationinsurance coverage for these wide, judges in most states activities. As a result, the stahave enforced releases of ble’s policy might not protect liability (also called “waivit when claims or suits arise ers”) when they believe the documents from the roving professionals’ activities. were properly drafted, presented and Second, roving professionals can secure signed. Both equine professionals and liability insurance coverage for their activstable owners can require everyone of ities, with policy limits acceptable to the legal age to sign their own separate liabilistable, naming the stable and its owners ty releases (where allowed by law). Equine as “additional insureds.” (An “additional professionals can show stables their insured” designation generally means that the professional’s insurer will cover the stable if it is sued arising from the wrongful or negligent acts of the professional, but some exceptions can exist). Each party should discuss insurance coverage with its own insurance agent and/or lawyer. • Contractsbetweenrovingprofessionalsand stables. If a student falls off of a horse during a lesson, the student’s lawyer might argue that the stable should be sued along with the roving instructor on the basis that the instructor acted as the stable’s agent or business partner – while the stable and instructor dispute this. In an effort to prevent the problem, the stable and professional can enter into a contract that details their arrangement. The contract can also include an indemnification clause through which the professional agrees to indemnify, protect, and hold harmless the stable from liabilities that may arise from the professional’s activities. The contract can also address compensation and include disclaimers. Because of numerous complexities associated with these types of contracts, the parties would be wise to consult with their own legal counsel. • Equine liability laws. As of September 2019, 48 states have passed some form of an equine activity liability law. Many of these laws require “equine professionals” or “equine activity sponsors” to post state-specific warning signs. Stables may already have the signs in place, but equine professionals can also ensure appropriate, state-specific signage is posted. This article does not constitute legal advice. When questions arise based on specific situations, direct them to a knowledgeable attorney.

About the author: Julie Fershtman, one of the nation’s most experienced Equine Law practitioners, is a Shareholder with Foster Swift Collins & Smith, PC, in Michigan. She has successfully litigated equine cases in 18 jurisdictions nationwide and has tried equine cases in 4 states. She is listed in The Best Lawyers in America and is the recipient of the ABA’s “Excellence in the Advancement of Animal Law Award.” Her speaking engagements span 29 states, including the 2019 U.S. Hunter/Jumper Association Convention. Her newest book, Equine Law & Horse Sense, published by the American Bar Association, will be released in late 2019 and will be available through Amazon, the ABA, and others. For more information, please visit www.equinelaw.net