By Julie I. Fershtman, Attorney
Your club or association wants to organize a horse show or clinic. Theses events, your group believes, will boost publicity, increase membership, and generate extra money. Usually the event is a success, leaving happy memories and satisfied participants. But sometimes, things can go wrong, such as these occurrences:
• While showing in an equitation class, a competitor got kicked in the knee by another competitor’s horse. The injured competitor sued the show and others.
• A horse spooked while its trainer was saddling it, broke away, and ran loose through the show grounds causing other horses to spook and run over a spectator. The injured spectator sued the show, the trainer, and others.
• During the line-up, as competitors awaited their placings, a horse spooked, threw its rider, jumped out of the arena, and seriously injured people on the show grounds. They sued.
• After a teenage rider fell from her horse in a class, the horse became loose and collided with the judge. The judge sued the teenager, her trainer, show management, and others.
These incidents actually occurred at shows, and I personally defended each of these lawsuits.
Across the country, numerous other examples exist of lawsuits involving equine events. Here are a few:
Accidents can occur in the warm-up ring. In a 1988 Louisiana case, the plaintiff was exercising her horse in a warm-up area when she struck a utility guywire. She was injured and sued the club and several others. In a 1993 Georgia case, the plaintiff was hurt in the practice ring when a horse came off of a jump and collided with her.
Accidents can occur in the show ring. A 1994 New York case involved an injured competitor in a fitting and showing class whose horse nosed up to the horse lined up ahead, causing that horse to kick out and injure the competitor.
Spectators can be hurt at the event. In a 1998 Nebraska case, a horse that was galloping into the arena at a rodeo collided with a spectator who was walking to his seat. In a 1996 Texas case involving a barrel racing event, a spectator was struck in the eye when the horse kicked up a rock. A 1988 Pennsylvania case involved a loose team of horses at a horse pulling event that collided with a spectator. A 1959 California case involved a horse competing in a jumping class that jumped out of the arena and struck a spectator.
Risk Management Options
Because of the risk of lawsuits, associations and clubs that sponsor equine events have every reason to plan ahead. Opinions can differ on what proactive measures are most appropriate. The measures undertaken will depend on the type of event, type and number of animals involved, location, applicable laws, and personal preferences. Here are a few ideas:
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