UPDATE on Maryland Liability for Equine Facilities

Whether you own a horse for your own pleasure or commercially use (rent or lease) horses for lessons or riding, or operate a show or training barn, you should be aware of the inherent risks of equine activities and how to minimize your liability. Here is a brief summary of liability protections and issues you may encounter in Maryland.

              The State of Maryland recognizes the legal doctrine of assumption of risk  and the inherent risks involving the uses of horses. Equine participants assume those risks each and every time they are in or around the animals. Whether this person is a rider, a spectator, an experienced handler, or novice. It is critical individuals coming into contact with horses are informed by the manager or operator of the facility of the types of risks involved and understand the potential outcome of those risks (injury to self or animal and/or death to self or animal), in order for the legal doctrine to work in the operator’s favor.

              Maryland uses the contributory negligence standard in determining damages that may be due as a result of injuries. Contributory negligence means the plaintiff (the person who is injured) played a part in causing their own injury and if it is determined this contribution is significant, then the plaintiff is prohibited from recovering damages (ZERO recovery). Only four states (Maryland, Virginia, North Carolina, and Alabama) and the District of Columbia recognize contributory negligence. All other states use one form or another of comparative negligence. Depending on the state and the negligence formula used, the plaintiff’s own negligence determines the proportionate recovery for damages. Many of these states also have enacted an “equine liability” statute. And, over time, many “exceptions” to these statutory protections have been enacted through judicial decisions that often water down any protection to the facility operator.

              Contributory Negligence places the responsibility of the rider to fully disclose to the provider/operator their skills and experience with horses. Just because a person rode horses continuously for five years in a row (but that was many years prior to riding today) does not make a person an expert or experienced rider. Riders need to recognize their limitations as well and be truthful with their own self-evaluation. And even the most “bomb-proof” horse can have an off-day, or the misfortunate encounter with an angry wasp! But as the provider/operator, you must ASK for these disclosures. If not, you may be held negligent!

              Up until October 1, 2024, the Maryland courts generally would enforce written releases and liability forms. Due to changes made by the Maryland General Assembly, recreational facilities (equine riding facilities are included) may not include in their waiver a release of liability due to negligence (both gross and general) or hold harmless language. It is important to have a release customized for your particular operational needs and to have it reviewed by a knowledgeable attorney. Do not “borrow” language from a fellow equine professional, off the Internet, or cut-and-paste together language you think sounds “legal.” And never rely on a verbal agreement. Remember, a contract is only as good as the paper it’s written on! Presumably, these changes are not applicable to facilities that provide competitive sports training and/or therapeutic services. A waiver of liability may still be a useful tool in guarding against liability suits.

                Another protection available in Maryland to those providing the opportunity to the public for recreational equine activities use on their own property is the Maryland “Recreation Use Act.” (Md. Code Ann., Nat. Res. § 5-1101 et. seq.) This statute provides immunity from liability when an activity involves educational and/or recreational purposes and there is no collection of money for this opportunity. Under these conditions there is no duty of care of the property owner to the participant (recreational and/or educational).

              Keep in mind, there are a variety of affirmative defenses against liability matters available such as “last clear chance” (the duty to avoid creating an accident). But not all may be applicable. Legal counsel could make that evaluation for you in the event you are involved in an accident (either as plaintiff or defendant) on which these defenses may be applicable to your situation.

              Last, but not least, is the option of insurance coverage. Maryland insurance coverage and costs are about equal to similar states. Whether or not to purchase insurance will depend on many factors; the particular details of your business; the use of the horses; the age of the horses; etc.  And for homeowners who only use their horses for their own personal use, you may be able to obtain liability coverage through your homeowners’ insurance carrier. Never hurts to ask!  Nevertheless, in reality, you either purchase insurance or you “self” insure your assets from potential lawsuits.

              If you are in need of an evaluation of your equine operations and uses, I am available to you for a consultation!

              Happy Riding!

                                                                                                                                                                                                 Kathleen Tabor, Esquire