Transcript:

[0:03]

Welcome to this video podcast on what your legal responsibilities are as a horse owner. Now, let me give you a scenario. I pulled this from a legal paper titled “Horse Play Gone Wrong: A Proposed Model Equine Activity Liability Act” that was published just a couple of years ago. This is a common scenario played out around the world, because when we look at legal responsibilities for horse owners, while specific laws are going to differ from country to country, and even region to region within those countries, there are some general themes that you need to think about — and we’re going to discuss those today.

[0:42]

Outside of equine liability, we also have other laws, which we’re going to discuss here in a second — but let me give you this scenario. A typical riding ranch in Wyoming. In this paper, they said Eli is a riding instructor at Buckingham Ranch, located in Wyoming. He spends his days at the ranch conducting lessons for horse riders of all skill levels. He is aware that Wyoming has an Equine Activity Liability Act, or an EA, which is common in the United States. Forty-eight out of the fifty states within that country have Equine Liability Acts or laws. He also recognizes that the Equine Liability Act’s purpose is to protect equine professionals like himself from being held liable for injuries incurred from the inherent risks — something we’re going to discuss in more detail — of participating in equine activities.

[1:49]

Eli understands he has some protection — some, not full. In this scenario, Eli meets Harry, a new participant at the ranch, shortly before their first scheduled riding lesson together. Part of Eli’s job as a riding instructor is to match the rider with the best horse. Harry told Eli that he had previous experience with horses and wouldn’t consider himself a novice. Shortly into the lesson, it becomes clear that Harry lied about his skill level — he is a novice. He fell off when the horse reacted to a loud noise, and Harry, in turn, was injured and sued Eli and the Buckingham Ranch.

[2:44]

The legal question: Is that an inherent risk of being bucked off a horse? Well, in this scenario, the ranch was actually found to be liable — and so was Eli. As an instructor, he should have taken more precautions to evaluate Harry’s ability before putting him on a horse he probably couldn’t handle. Maybe he should have started him on a bombproof, easygoing horse, let him prove himself, and then gradually moved him up. You might think, “Falling off a horse? If someone says they can ride — no problem, tons of experience — then sure, I’ve got a horse that’s moderate to maybe a little more difficult.” But if you put someone on there without evaluating them, you could be held liable. That could lead to issues down the road.

[3:34]

At the end of this podcast, we’re going to talk a little bit about insurance, because you should have equine liability insurance — and I’ll discuss how much it costs and why you should have it. But really, the majority of this podcast, we’re going to talk about these equine liability laws: what they are, how they differ from the United States to Europe, to Canada, down to Australia. We’ll look at different regions, but there are general themes throughout. Then we’ll look at some other laws that you might not be aware of — outside of equine liability — like Germany’s recent change to its Animal Welfare laws, which is making waves in the equine industry.

[4:24]

Just today, as I record this in 2024, Germany changed their Animal Welfare laws — and it is making waves across the world in the equine industry. You cannot now train a young horse in Germany from age one day old to three years old. You cannot train that horse, no matter what. You can’t do groundwork, you can’t introduce them to a saddle, you can’t do anything. I’m going to explain that a little bit later — what’s the news, what’s the reaction to it — but it’s huge. That’s a change in the law. You have to be aware that these laws are changing all the time and you have to keep abreast of them. We’ll address that a little bit later.

[5:08]

To start off, the Equine Liability Acts or laws discuss inherent risk. I’m going to look at the United States first, because that’s what I’m most familiar with, but the themes are similar in other countries, as I’m going to discuss in a minute. I found a very, very good “Equine Law Blog” — that’s actually what it’s called — out of Foster Swift. I would highly suggest, if you own a facility, own horses, ride horses, train horses, or teach lessons, go read that blog. Look at all the different issues and lawsuits going on around the country — at least in the United States — and then obviously, internationally if you have an interest in that.

[6:00]

On this blog, I found the definition of an “inherent risk” with horses. Like I said, 48 of the 50 states in the USA have Equine Activity Liability Acts. The wording differs from state to state, but they share common characteristics. To explain this for an international audience: in the US, you have the federal government (federal law), and then each state has its own laws. In other parts of the world, like Canada, the provinces all have different laws. In Australia, each territory has specific laws. So even though in the United States there are 48 different EAs, they are all pretty similar and they all talk about “inherent risk.”

[7:00]

What is an inherent risk in equine activities? This blog used Georgia’s definition. Georgia defines “inherent risk” as those dangers or conditions which are an integral part of equine activities, including — but not limited to — the propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them. Also property damage in some cases. So: the propensity of the animal to behave in ways that may result in injury, harm, or death. We know riding a horse can be dangerous — just like driving a car, it could lead to death. An inherent risk when you get on a horse is knowing: “I could get hurt.” If I’m jumping fences or participating in certain events, I’m accepting there’s a risk. If I get hurt because the horse is just being a horse — even a bombproof horse can spook — that’s an inherent risk.

[8:47]

The law also mentions the unpredictability of the animal’s reaction to things like sounds, sudden movement, and unfamiliar objects, people, or other animals. Horses are prey animals — they react. Anyone who’s ridden knows this. In my early days, I remember almost falling off when a plastic bag rolled across the ground. The horse — a bombproof one — freaked out, turned quickly, and startled me. That’s an inherent risk: horses being horses.

[9:36]

Part C of this law says certain hazards, such as surface and subsurface conditions, are also inherent risks. Think icy trails — a horse may slip, you could get hurt. Collisions with other animals or objects — also an inherent risk. And finally, the potential of a participant to act in a neglectful manner that may contribute to injury, such as failing to maintain control or not acting within their ability. That’s important — and it ties back to the example of Eli and Harry. Eli should have known better. There was negligence in his approach to matching horse and rider. If he’d put Harry on a bombproof horse and Harry’s own neglect caused the injury, liability would have fallen on Harry, not the ranch. That’s where these laws protect you, your facilities, and your business.

[11:21]

Here are examples where inherent risk came into the courts in the US, and the defendants — the horse owners or property operators — were not held liable. In Ohio: a horse’s reaction to a dog jumping at its back legs was deemed an inherent risk; the rider sued and lost. In Indiana: getting trampled by a loose horse at an event was an inherent risk. In Kentucky: a horse spooked at the sound of an opening gate — inherent risk. In Texas: a horse spooked during a trail ride on muddy, swampy terrain and fell — inherent risk. Also in Texas: a horse’s violent reaction to a fire ant bite — inherent risk. In Wyoming: the risk of a saddle slipping during a trail ride — inherent risk.

[13:42]

But here’s the warning: I once took a class on torts, where these injury lawsuits live. My professor, a judge with decades of legal experience, told us: “A good lawyer can argue almost anything and win.” So I’m not trying to fearmonger — these laws exist to protect you — but this is where insurance is critical so you don’t lose your business. Some cases go to a jury if there’s a gray area. For example, in Wyoming, a jury had to decide whether a trail ride staff’s failure to saddle a horse with even stirrups was negligence or inherent risk. In Hawaii, whether a rider’s injury from a horse bite during a trail ride was inherent risk was also left to a jury.

[13:42]

But here’s the warning: I once took a class on torts, where these injury lawsuits live. My professor, a judge with decades of legal experience, told us: “A good lawyer can argue almost anything and win.” I’m not trying to fearmonger — these laws exist to protect you — but this is where insurance is critical so you don’t lose your business. Some of this falls into gray areas.

[14:42]

For example, in Wyoming, a court found that a trail ride staff’s alleged failure to saddle a horse with even stirrups was an issue for the jury to decide — whether it was an inherent risk or negligence. In Hawaii, whether a plaintiff’s injury from a horse bite during a trail ride was caused by an inherent risk was also considered a question for the jury. I don’t know the facts of all these cases — these came from the Equine Law Blog — but early in my riding days, a horse kicked mine because I was too close. I didn’t know better, but my instructor also should have prevented us from bunching up. That’s where these gray areas come in.

[16:17]

We have Equine Liability Acts to protect you because of inherent risk in the United States. Now let’s look around the world. Starting with the European Union: while it varies between member countries, the common principles are the same. Generally, EU countries impose a duty of care on horse owners and operators. Liability is often based on negligence — which is where tort law comes in. Negligence can be simple mistakes, but willful negligence — knowing something is a problem and doing nothing about it — is where you get into serious legal trouble. Liability insurance is commonly required in EU countries if you own horses, and cases often hinge on whether the owner took reasonable steps to prevent accidents. That “reasonable” part is where lawyers come in to argue.

[17:57]

The UK is no longer part of the EU, and UK law — from my basic understanding — has acts, but many of its laws are based on case law, meaning they look at precedent. Commonwealth countries like New Zealand, Australia, and Canada are similarly based on UK law. For horses, much is rooted in the UK Animals Act of 1971. The Act says the keeper of an animal is liable for damage it causes under certain conditions. Specifically, liability can arise if the damage is due to a characteristic of the animal not normally found in that species, or only found under particular circumstances, and the keeper was aware of it.

[19:02]

This applies to horses, though very rarely are they aggressive. In my career — working with hundreds of horses — I’ve only met one truly hyper-aggressive horse. It wasn’t a stallion, but it would try to attack anyone who entered the paddock. We rehomed it to someone who could care for it. More often, horses are simply curious or escape-prone. You must take steps to confine them.

[20:08]

A notable UK case is Mirvahedy v. Henley (2003), where the House of Lords ruled that the keeper of a horse could be strictly liable for damages resulting from behavior not abnormal for its species. The case involved a horse escaping from a field and causing a car accident. Even though the horse simply jumped the fence — something some horses can do — the owner was found liable. This raised fears of more claims under the Animals Act.

[21:46]

There are cases where the courts recognized inherent risk. In 2012, a rider testing a horse was told it required an experienced rider. She rode it anyway, fell, and was injured. The court ruled she had accepted the risk. In 2008, another experienced rider hired a horse for a hack. The horse bucked twice before cantering; she fell. The court ruled she knew the risk — inherent to equestrian activities — so there was no claim.

[22:53]

In Canada, equine liability laws are governed by both federal law and provincial law. Ontario, for example, has legislation addressing equestrian activities and limiting liability by recognizing inherent risks. Liability waivers and insurance are crucial risk management tools. Courts often consider waivers valid. Ontario law emphasizes the duty of care: stable operators must take reasonable precautions to prevent injury or property damage, maintain safe facilities, ensure riders are supervised, and provide proper equipment.

[23:42]

The Ontario Horse Riding Safety Act specifies safety requirements for riders under the age of 18: they must wear a helmet that meets current standards, and hard-soled footwear with a heel of no less than one and a half centimeters. Tack must be properly fitted. Operators must make this equipment available at their stable, or they can be fined up to $5,000. The law also states that all riders should wear this equipment, and I agree — heeled shoes and helmets are essential. But specifically, for riders under 18, it’s the law.

[24:36]

Another aspect of Ontario law is escape liability. Similar to the UK case I mentioned earlier, Ontario law says that if a horse escapes the owner’s care and control and causes property damage, injury, or a car accident, the owner will be liable. This highlights the importance of maintaining facilities to keep animals safely contained and properly supervised. In certain regions, whether escape is considered an inherent risk or a direct liability can differ — in Ontario, it’s direct liability.

[25:49]

In the United States, I think about disasters like hurricanes, tornadoes, or fires where horses can get loose. In those situations, depending on the laws where you live, you might still be held liable. That’s why insurance — which I’m going to emphasize later — is critical.

[26:49]

Ontario law also stresses waivers. Stable operators should have written waivers for anyone participating in horse-related activities. These waivers state that participants voluntarily assume the risks involved in riding. They aren’t just paperwork — in Canada, if you sign a valid waiver, you can be bound by it even if you didn’t read it. Courts often uphold them, as long as they meet legal standards. The validity of a waiver depends on how it’s written, so you should consult a legal expert to draft one that’s enforceable.

[27:59]

In the US, signing a waiver can also be binding in court, provided it’s valid. A waiver is a legally binding provision where one party voluntarily forfeits a claim against another. It usually lists the inherent risks of equestrian activities and states that by signing, the participant accepts them. Waivers are common in sports and recreational activities. I’ve signed them for trail rides, boat tours — even certain guided hikes. But again, you want a lawyer to ensure your waiver is valid where you operate.

[29:09]

In Australia, laws are similar. There are national laws and then state-specific ones. Generally, horse owners are legally responsible for containing their horses and preventing escape. While they may not have specific Equine Liability Acts, the Civil Liabilities Act and recreational activity statutes cover equestrian risks. As with other countries, negligence — especially if you knowingly let someone ride a dangerous horse — is where you’ll be held liable.

[30:04]

In the US, Equine Liability laws vary by state. The big takeaways are: know the difference between inherent risk and negligence, keep your horses contained, and maintain safe facilities. If you know a gate is falling off its hinges and do nothing, and horses escape and injure someone, you could be liable. But if you’ve done everything right — safe horse, valid waiver, maintained property — and a novice rider still gets hurt, you should be protected by the law and your waiver.

[30:58]

Now, let’s look at some other laws you might not know exist. California is one of the two US states without an Equine Liability Act, but it has other laws worth knowing — especially relating to welfare and animal care. In California, as in most countries, you have a legal responsibility to care for your animals and provide for their welfare. That includes some laws specific to horses.

[31:38]

Here’s one that made me chuckle: California Penal Code 599b defines an “animal” as “every dumb creature.” Thanks, lawmakers. I don’t think animals are dumb — they’re just not human — and technically, we are animals too.

[32:10]

California law covers general cruelty and neglect, which can be charged as a felony — up to three years in prison and/or a $20,000 fine — or as a misdemeanor, with up to one year in county jail and a $20,000 fine. Cruelty to animals in transport is also regulated: for example, trailering horses in hot weather requires frequent breaks and watering. Impounding animals without sufficient food or water, or allowing horses to become malnourished, is also a criminal offense. Failure to care for your animals — like abandoning them in a national park — is likewise prosecutable.

[33:42]

California also has provisions for cruelty to working animals. If someone interferes with or harms a working horse, that could be a felony — up to three years in prison and a $20,000 fine. There are also protections against inhumane treatment of horses for hire. For example, if someone on a trail ride abuses a horse, that’s a violation and they could face legal trouble.

[34:09]

Then there are laws specific to farmed animals, and some of these directly relate to horses. One example is “polling” or “tripping” a horse. Polling is striking a horse’s legs as it goes over a jump, making it think it hit the jump so it will jump higher next time. This is painful and is illegal in California, and it’s banned by organizations like the FEI. Tripping a horse — lassoing its legs and bringing it down — is also illegal in California. This is often associated with certain rodeo-style events and has caused horrific injuries.

[35:05]

Soaring — causing pain to horses’ legs to alter their gait, most often in Tennessee Walking Horses — is also illegal in many jurisdictions. In California, slaughtering horses for human consumption is prohibited. I know horse meat is eaten in some countries and cultures — I’m not passing judgment — but in California, it’s against the law.

[35:47]

This brings us to a new law in Germany that’s causing international concern. This isn’t alarmism — the law could have major implications for the equine industry worldwide. I love horses and care deeply about their welfare, but I also want laws to be based on evidence and science. At a recent conference I attended, a UK-based expert spoke about this law and its potential consequences. Many are worried because it was passed without supporting research or consultation with equine scientists.

[36:26]

The law, part of Germany’s Federal Animal Welfare Act, now prohibits training horses under 30 months of age — just under three years old — for sports. This includes groundwork, introducing tack, or any kind of training. The only exception is for two-year-old racehorses, and even then, only after two rigorous veterinary assessments. The intention appears to be protecting young horses, but critics argue it ignores critical developmental stages and established best practices in early handling.

[37:01]

This has ruffled feathers internationally because it was not based on scientific research or expert consultation. While the motivation — safeguarding horse welfare — is admirable, the law fails to consider that these early years are formative for both physical and behavioral development. Those first months and years are when horses learn to trust humans, accept handling, and adapt to their environment.

[37:43]

In my professional opinion, those early experiences — grooming, picking up feet, learning to lead — are critical for building a horse’s confidence and safety around people. We’ve largely moved away from harsh “breaking” methods; instead, we focus on gentle, progressive handling. Taking away this formative period could lead to more dangerous, less socialized horses.

[38:34]

From a physiological standpoint, bone development in young horses benefits from controlled, purposeful exercise. Research supports that early training, done appropriately, improves bone density and resilience against injury. For disciplines like racing or jumping, these early stages are especially important to set up the horse for a sound career.

[39:15]

Critics are also concerned about the practical implications. Without early groundwork, basic skills like haltering, leading, or trailer loading would have to be taught to a large, physically strong, and unhandled three-year-old — making the process more dangerous for both horse and handler.

[39:53]

In response to the controversy, an urgent UK conference was convened under the title “Equine Cognizance and Mental Maturity: What Do We Know?” Many world experts — including some I’d recently met at a welfare conference in New Zealand — gathered to discuss the potential consequences of this law. One of the speakers, Dr. Gemma Pearson, emphasized that “gentle handling from a few days old will help horses cope with stress throughout their lives.” She noted that withholding such handling for the first three years would leave horses essentially feral.

[40:48]

Her research also shows that boldness and willingness to approach novel objects at five months and at one year correlate with better learning outcomes later, both for positive reinforcement and for traditional pressure-and-release methods. Early training helps horses adapt better to stressors throughout life.

[41:32]

Other experts, such as clinician Pete Raasmann, have pointed to strong scientific and practical evidence that starting training before full physical maturity is beneficial. In defense of the law, Germany has launched “Project Horsewatch” to study its effects, but results won’t be available until at least 2027. The worry is that other countries might follow suit without considering the unintended consequences.

[42:31]

It’s politically easy to champion a law that seems to protect horses, but without the backing of equine science, the long-term results could be damaging to welfare and safety. The question remains whether other nations — or individual states or provinces — might adopt similar measures.

[43:42]

This law has raised serious concerns because it overlooks the importance of early handling and training during a horse’s formative years. In my opinion, as an equine scientist and educator, those early months and years are when you build trust between horse and human. Are there bad trainers out there? Absolutely — but in modern, ethical training, those early experiences are about gentle handling: teaching a foal to be groomed, to have its feet picked up, to accept a halter, to be led from the left side — all without fear or force. This sets a foundation for safety and cooperation later in life.

[44:55]

From a physiological standpoint, early, controlled exercise also strengthens bones. Research shows that young, growing horses develop denser, stronger bones with appropriate activity. For performance horses — whether thoroughbreds, jumpers, or others — those early years are important for reducing injury risk later. Completely avoiding training until 30 months could mean missing that critical window.

[45:39]

The new rule has prompted an urgent response. In the UK, a conference was quickly organized titled “Equine Cognizance and Mental Maturity: What Do We Know?” Many of the same experts I’d just seen at a welfare conference in New Zealand attended. One of them, Dr. Gemma Pearson, spoke about the importance of building resilience in young horses. She said, “Gentle handling from a few days old will help them to cope with stress throughout their lives. There are so many things we can do to set horses up for success in life.” She warned that if horses aren’t handled for their first three years, they’ll essentially be feral — far more dangerous to work with.

[46:45]

Her research also shows that boldness in young horses — willingness to approach and touch novel objects — at five months and at one year correlates with better learning ability later, both with positive reinforcement and with pressure-and-release training. This is directly relevant to riding and handling skills. Teaching resilience early means horses cope better when faced with new or stressful situations as adults.

[47:45]

Other experts, like clinician Pete Raasmann, have emphasized that there is overwhelming scientific and empirical evidence supporting early training — before full physical maturity — as beneficial for the horse. In response to criticism, Germany has launched “Project Horsewatch” to study the impact of the new law, but results won’t be available until at least 2027. The concern is that other countries might copy this law without fully understanding its consequences. On the surface, it’s easy for politicians to say, “We love horses — let’s protect them.” But the long-term effects could be harmful for horse welfare and safety.

[48:55]

If you disagree with my perspective, I’m open to debate — email me at podcast@madbarn.com — but having taught and trained many young horses with care and patience, I struggle to see how waiting until they’re nearly three years old, big and strong, makes the process safer or better. Think about something as basic as trailer loading: teaching it to a foal is manageable; teaching it to an unhandled three-year-old can be dangerous.

[49:43]

Now, my final point for today’s podcast: how to protect yourself — liability insurance. Don’t confuse this with equine health insurance. Health insurance covers veterinary issues like colic; liability insurance covers you if a third party is injured or property is damaged because of your horse. This is something I believe every horse owner should have, especially if others are coming onto your property to ride, train, or work with your horses.

[50:32]

I don’t work for insurance companies, but I personally carry liability coverage on my animals and property. Policies vary depending on where you live, but there are options like farm property liability and private horse owner’s liability. I’ve seen policies starting at around $150 USD annually, with a $250 deductible and coverage up to $1 million. Another example was a $250 annual premium. Check your policies carefully — some property insurance excludes horses.

[51:42]

Having liability insurance means that if you are sued, you’re not facing bankruptcy. It’s about protecting yourself, your business, and your horses. Prevention is always best — safe facilities, healthy horses, trained staff, valid waivers — but insurance is the safety net when the unexpected happens.

[52:20]

So, overall, this episode isn’t meant to scare you or stir up controversy — even with the new laws in Germany — but to make you aware. Yes, there are laws to protect you, but that doesn’t mean you can be careless. Keep your horses healthy and secure, make sure riders sign waivers, and maintain safe facilities. Protect yourself and your horses — that’s the goal.

[53:42]

If anyone rides your horses, don’t forget those waivers. If anyone comes to work on your property, don’t forget those waivers. Make sure all your fences are in good repair, your property is secure, your stalls are safe — everything should be in proper working order. You need to protect yourself, but also protect your horses. That’s why you have them, right? You want them safe and well cared for.

[54:12]

If you have any questions or comments, you can email me at podcast@madbarn.com. And make sure you hit that subscribe button on YouTube. I know every creator says that, but it lets us know you’re following the content and want more of it.

[54:27]

My final piece of advice: when in doubt, speak to a legal expert where you live. We have a global audience for this podcast, so wherever you are in the world, consult a lawyer about how you are covered. Make sure you are covered.

[54:43]

Take care.