Any Special Liabilities for a Horse as a Pet?
We are considering the purchase of a horse for our daughter, Katie. She wants to learn to ride, however we are concerned about possibly liability issues? Any help
Susan Cody, Wyoming
Susan, keeping a horse as a pet will present some unique problems. Although, I will add that many owners have done extensive estate planning for their horses.
Many states ( I believe all but CA, MD, NY and NV) have adopted specific statutes regarding equine (horse) activities as they recognize… that persons who participate in or observe equine activities may incur injuries as a result of the numerous inherent risks involved in such activities. The legislature also finds that the state and its citizens derive numerous personal and economic benefits from such activities. It is the purpose of the legislature to encourage owners, trainers, operators and promoters to sponsor or engage in equine activities by providing that no person shall recover for injuries resulting from the risks related to the behavior of equine animals while engaged in any equine activities.
Your state, Wyoming, has a specific statue regarding the liability which severely limits the rights of recovery from those who allege that they have sustained injury as a result of the equine activity.
The full Statute is here, under Wyoming , TITLE 1. CODE OF CIVIL PROCEDURE. CHAPTER 1. GENERAL PROVISIONS AS TO CIVIL ACTIONS. 1-1-122 -123
But ,The Michigan State University Center for Animal Law states that essentially, the Wyoming equine liability provisions immunize equine professionals by declaring that... those who engage in equine activities or any recreational activities assume the inherent risks in the sport or recreational opportunity. However, actions based upon negligence of the provider wherein the damage, injury or death is not the result of an inherent risk of the sport or recreational opportunity shall be preserved pursuant to W.S. 1-1-109.
Therefore, if you ride or jump a horse and get hurt, you are probably not going to be able to recover from the animal owner or property owner, unless there is some specific negligence that can be attributed to those individuals.
If you are a horse owner, this added statutory protection can be very important.
As always, consult your local attorney and in this case, probably your insurance agent, before you act.
But, many have found that horses makes great pets and are wonderful source of recreation, for you and your children.
