Children and Horses – Legal Considerations for Equine Professionals
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94 – March/April, 2020
By Julie I. Fershtman, Attorney at Law · www.equinelaw.net
Many equine industry professionals have students and customers who are minors (children under the age of majority). Misunderstandings and myths have existed for years when it comes to liabilities involving minors. This article exposes three common myths. Make sure to separate fact from fiction. Plan ahead and protect yourself.
Waivers/Releases
Myth: All states enforce waivers/releases signed by parents on behalf of their minor children.
Myth: Equine businesses, such as riding instructors, can require their minor students to sign liability waivers/release forms, with no parent signing, and these documents will be enforced
Where minors are involved, the law of waivers/releases can be complicated. Never assume that the applicable state law allows a minor’s claims to be waived or released away by a parent. Nationwide, in fact, states have disagreed on whether a properly worded waiver/release, signed by a parent or legally appointed guardian, can bar the injured child’s personal injury claim. Consequently, a waiver/release that might be enforced under Colorado law might fail under Michigan law. Check the law in your state and where you do business.
Statute of Limitations – It’s Different With Minors
Scenario: A 10 year-old student is injured in a lesson, and your staff prepares an incident report. Someone told you the statute of limitations for personal injury lawsuits in your state was three (3) years, so after three years passed you threw away all of your paperwork. Nine years after the accident, to your surprise, you are served with a lawsuit arising from the accident, but your records are gone and nobody recalls anything about the accident. How could this happen?
