Equine Law

[samson07]

What is the name of your state? IN
We are considering leasing a horse and boarding it at a stable. The stable we will be leasing from will also use this same horse to give riding lessons to other people. Are we covered under the stable's insurance policy for liability?
Also, if we decide to buy this horse, what types of policies do you recommend?

 

[BelizeBreeze]

What is the name of your state? IN
We are considering leasing a horse and boarding it at a stable. The stable we will be leasing from will also use this same horse to give riding lessons to other people. Are we covered under the stable's insurance policy for liability?
Also, if we decide to buy this horse, what types of policies do you recommend?

Since we can't read the stable's policy from here, the main thing you need to do is have a secondary contract (or clause within the lease agreement) stipulating that as a condition of utilizing the horse outside of the purposes of the lease, the stable is to carry or include the horse in their coverage and to provide you with proof that any activities outside of the lease are covered (such as riding lessons, trail rides, etc.,)

 

[moburkes]

Since we can't read the stable's policy from here, the main thing you need to do is have a secondary contract (or clause within the lease agreement) stipulating that as a condition of utilizing the horse outside of the purposes of the lease, the stable is to carry or include the horse in their coverage and to provide you with proof that any activities outside of the lease are covered (such as riding lessons, trail rides, etc.,)

I'd buy my own insurance policy. That clause won't stop someone from suing YOU as the "owner" of the horse, right, BB?

 

[BelizeBreeze]

I'd buy my own insurance policy. That clause won't stop someone from suing YOU as the "owner" of the horse, right, BB?

correct. but that clause can protect them from recovery.

 

[moburkes]

correct. but that clause can protect them from recovery.

It can protect who? The injured party? Or the stable?

 

[BelizeBreeze]

It can protect who? The injured party? Or the stable?

The owner. If constructed correctly, and I would advise an attorney draft such, then when the horse is utilized for equine activities outside of the lease, it is effectively 'owned' and controlled by the stable and as such, the stable must carry liability insurance which covers not only the stable, but the horse itself. And indemnifying the poster from claims.

Remember, the owner is still the stable. the lease only allows the poster to take possession of the horse at certain times and for certain reason.

Of course, I would not advise such a lease. I would purchase the horse outright then lease-back for equestrian activities under the foregoing rules of construction.

But that's just me

 

[samson07]

As a side note, we are considering leasing v. purchasing simply to help alleviate costs such as medical bills and liability. We will be getting a reduced boarding rate due to the fact that the stable will still use this horse for lessons, which generate income for the stable. This also eliminates the issue of being responsible for selling or finding another home for the animal in the future if we decide we do not want this committment to be long-term.

 

[BelizeBreeze]

Well, your issues are mostly irrelevant based on Indiana Equine laws. but if you do decide to lease, make sure that you assume no liability for the horse when utilized for normal equine activities outside of the lease. It's standard fare for such a stable to have a waiver based on Ind. Code Ann. § 34-4-44-1 (1995)

 

[samson07]

Can you please expand on what you mean by our "issues are irrelevant based on Indiana Equine Law?

 

[BelizeBreeze]

Can you please expand on what you mean by our "issues are irrelevant based on Indiana Equine Law?

I gave you the code to search. Use yahoo

 

[seniorjudge]

Can you please expand on what you mean by our "issues are irrelevant based on Indiana Equine Law?

www.horseappraisals.com/statestatutes-indiana.html

www.americanequestrian.com/legal/IN.htm


I will let BB explain his own post.

However, the whole point is that YOU need YOUR insurance to cover YOU. Do not rely on the stable's insurance (as previously posted).

In addition, you need everything in writing.

If you have been around horses for more than 12 hours, you know that most horse deals are verbal and when they go awry, it's hell to pay on whatever circuit you are on.

 

[BelizeBreeze]

awwww HEL! I was going to eat some rabbit stew but since SJ twisted my arm....

Indiana Equine law indemnifies the stable or activity provider from claim of injury DURING normal equine activities. That's why i told you to read the statutes. you can also do a yahoo search on the terms INDIANA EQUINE LAW.

If you are going to enter into such an enterprise, know the law.

I never would have let a jockey on Will Henry if I hadn't had a waiver of responsibility AND the Tennessee Equine law to support me.