Liability Issues

Whether horses are your vocation or avocation, it is important to shield yourself from as much potential liability as possible. Failure to do so can be devastating, both personally and professionally.
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The popularity of Judge Wapner’s "Animal Court," Judge Koch’s "The People’s Court," "Judge Judy," "Judge Mills Lane," "Judge Joe Brown," and other similar "legal reality" television shows convinced Mr. and Mrs. Green that everyone wants to sue everyone else, with national exposure, if possible. They recognize that their modest horse business is a potential minefield of liability, but they are not sure how to either evaluate or minimize the risks.

Horses often seem to be accidents waiting to happen, and most owners can recount at least one horror story that starts with: "You aren’t going to believe this, but…" Less apparent, but equally true, is the realization that horse businesses, by their very nature, can be "accident prone." Whether horses are your vocation or avocation, it is important to shield yourself from as much potential liability as possible. Failure to do so can be devastating, both personally and professionally.

Liability is an extremely broad legal concept, encompassing everything from an obligation to repay a debt to the responsibility a person has for the consequences of his or her actions. For someone in the horse business, liability lurks behind every stall door, in every paddock, on every trail, and in every business transaction. When you buy a load of hay on credit, for example, you are incurring a liability, in this case the obligation to pay for the hay at some point in the future. Such liability, voluntarily assumed, is part of the normal course of doing business, and is not the type of liability that concerns the Greens

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Written by:

Milt Toby was an author and attorney who wrote about horses and legal issues affecting the equine industry for more than 40 years. Former Chair of the Kentucky Bar Association’s Equine Law Section, Toby wrote 10 nonfiction books, including national award winners Dancer’s Image and Noor. You can read more about him at TheHorse.com/1122392.

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