Boarding Stable Liability for Injuries to Horses

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By Julie I. Fershtman, Attorney at Law www.equinelaw.net

Tricia boards a mare at a stable. One day the stable called with bad news. The night before, a new employee accidentally placed her mare in a stall next to a stallion. The stallion had a history, unknown to the new employee, of being fierce when stabled next to mares. The stallion broke down the wall and attacked, seriously injuring the mare. Tricia’s veterinarian determined the mare would recover but her show and breeding career were over. Tricia also discovered that the wall separating the stallion from her mare was extremely thin and poorly patched from other mishaps the stallion had caused in the past. She wants to sue the stable. Does she have a case?

This article examines liabilities for injuries horses sustain at boarding stables.

The Stable’s Responsibilities

Legal Duties of a Boarding Stable

When a stable accepts a horse belonging to another for care and keeping — regardless of whether the stable is a 2-horse or a 200-horse operation — the law generally imposes on it a duty to use “reasonable care.” More technically, this means that the stable and its employees must use the degree of care that a prudent and careful stable would exercise in similar circumstances. With that in mind, Tricia would claim that the stable fell short of this standard and should be liable (legally accountable) for the damages she sustained as a result.

Tricia’s case against the stable seems strong. Stable management knew the stallion’s history of terrorizing mares in similar situations but apparently failed to notify its staff, and the new employee placed the mare in a position of danger by accidentally stabling her next to the stallion for the night, with nobody noticing the problem until the morning. The wall’s poor condition doesn’t help the stable’s situation, either.

The Stable’s Defenses

What defenses could a stable potentially raise? Let’s look at some valid and invalid ones:

• “It Was a Mistake.” In response to a claim that the stable gave a boarded horse negligent care, this is not a defense. By its most basic definition, negligence means the failure to act reasonably. Consequently, people or businesses could be negligent even if they had no intention of harming anyone, and a “mistake” is not a valid defense to a claim that the stable was negligent.
• “The Employee Did It — Not the Stable.” A stable cannot argue that its newest employee should take the blame. With very few exceptions, a stable is responsible for its employee’s negligent acts in performing job duties. Also, the law might charge the employee with knowledge of her employer — such as the stable’s knowledge that the stallion was a hazard to mares in the next stall.
• The State’s Equine Activity Liability Act Protects the Stable.” This is not a defense to a claim involving only injury to a horse. The 46 equine activity liability laws across the country (as of February 2014) generally apply to injuries and damages when people, not horses, are injured while “engaging in an equine activity.”
• The stable had no reasonable notice or knowledge of a problem. The stable’s lack of knowledge of a problem might be a defense, depending on the facts.
• Someone else caused the problem. In some cases, unlike the example above, the stable may have done nothing wrong, but the problem might have been caused by a third party. Examples could include tainted feed, which might be invisible to stable personnel but toxic to the horses. In that situation, the stable’s defenses might involve identifying (or even suing) the responsible parties that manufactured or supplied the feed.

Damages

If Tricia can prove that the stable is liable, her next problem is proving what she can recover. Lawyers call this “damages,” and the amount a horse owner can recover varies depending on state law. If the mare died, she would try to collect the mare’s value immediately before the injury plus any out-of-pocket expenses, such as veterinary fees (where the law allows recovery of both). If the mare lives, Tricia would try to seek the amount that the mare decreased in value due to the incident, plus the value of any lost foals or anticipated net earnings in races or shows (where allowed by law). Very few states will allow her to recover for emotional distress or mental anguish.

Risk Management

How can stables protect themselves from liability? Here are a few ideas:

• Liability Insurance. Liability insurance does not prevent problems and claims, but it could spare the stable the burden and expense of hiring a lawyer or settling the dispute out of its own funds. Many boarding stables are surprised to learn that their commercial general liability insurance policies offer no protection against claims involving injury to or loss of boarded horses. However, stables that purchase “care, custody, and control” insurance would likely be protected against a claim like Tricia’s (depending on policy limits). This type of extra insurance is designed to cover certain unintentional and allegedly-negligent acts that cause injury to a horse in the stable’s care, custody, and control. Policy limits vary for this coverage. Discuss your insurance coverage with a knowledgeable insurance agent.
• Boarding Contracts. In the overwhelming majority of states nationwide, stables can legally require their customers to sign a boarding contract that includes a release of liability in which the customer releases the stable from liability for its ordinary negligence. Because state laws vary in how the release should be worded to maximize the chances that it will be enforced, discuss your contracts with a knowledgeable lawyer.
• Training of Employees. As a general matter, employers are legally responsible for the negligent acts their employees commit on the job. Because of this, stables should make every effort to train their workers well.

This article is not intended to constitute legal advice. When matters arise based on specific situations, direct your questions 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. An attorney and legal consultant for more than 27 years, she has successfully tried equine cases in 4 states and has drafted hundreds of contracts. She is a Fellow and officer of the American College of Equine Attorneys and has lectured in 28 states. She is listed in The Best Lawyers in America. For more information, please visit www.fershtmanlaw.com, www.equinelaw.net, or www.equinelawblog.com. And please “LIKE” our Facebook Page: “Foster Swift: Equine Law.”