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Livestock Liability

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infojunkie

Guest
What is the name of your state? tx
we purchased our first horse 4 months ago. when we bought him, he was malnurished and advertised as a kid-gentle horse. he had been trained and did in fact seem to be a very gentle 18 yr old horse. we took him home, fed him good, and he got more energy. we continued to ride him, but if anyone wanted him to gallop, he would "pitch"/"mini-buck", but when you took up slack and told him to stop, he would... he just wanted to walk and trot, not to run. anyway, we decided that our children weren't keeping up their end of our bargain ("we promise to feed, clean, etc.) so we were thinking of selling him. we would ride him an average of 2-3 times/week. my husband's sister told a good friend of hers (friend had horses of her own and rode often) that we were thinking of selling our horse. come to find out, the friend had thought of purchasing this same horse before we did. she came out, told us she was interested, wanted to ride him, we let her, the horse threw her, she broke her wrist and had surgery. unbelievable!! we had all been riding him without incident out of the norm. the friend and her husband tell us not to worry, but just so i can sleep at night, what are my rights? i realize that we would be liable if they came back on us. is there a statute of limitations? can i get them to sign something and be done with this? what do you suggest? help!! sleepless in tx!!! we did not have livestock liability ins until after this happened... we never dreamed of this but have certainly learned a valuable lesson! in the future, before anyone rides him to see if they'd like to purchase, we will insist on a signed waiver of liability!! but until then, what can we do about our present situation? thanks for any advise you can muster.
 


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totallybroke

Guest
In TX you must have a sign posted

Texas - Warning - Under Texas Law (Chapter 87, Civil Practice and Remedies Code), an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities.

and from everything I have read that is from letter someone ride or evaluate your horse to events and shows.

http://www.americanequestrian.com/equinelaws.htm
 
S

southernponyboy

Guest
Texas - Warning - Under Texas Law (Chapter 87, Civil Practice and Remedies Code), an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities.


I dont think this applies in this situation, unless I am reading it wrong. She is not an 'equine professional', she is just a person with a horse that was for sale. If the injuries occured on her property, she should be able to file under a standard homeowner policy for the medical payments.

Now, if she conducts any type of business on that property, then this would not apply.

But if you come to my house to buy a horse, or a dog, or whatever, and it is just a one-time thing, and you are injured on my property, then my homeowners policy has coverage for that.
 

JETX

Senior Member
Southernpony said, "I dont think this applies in this situation, unless I am reading it wrong. She is not an 'equine professional', she is just a person with a horse that was for sale. If the injuries occured on her property, she should be able to file under a standard homeowner policy for the medical payments."

Sorry, wrong again.

The applicable Texas statute reads:
"§ 87.003. Limitation on Liability
Except as provided by Section 87.004, any person, including an equine activity sponsor, equine professional, livestock show participant, or livestock show sponsor, is not liable for property damage or damages arising from the personal injury or death of a participant in an equine activity or livestock show if the property damage, injury, or death results from the dangers or conditions that are an inherent risk of an equine activity or the showing of an animal on a competitive basis in a livestock show, including:
(1) the propensity of an equine or livestock animal to behave in ways that may result in personal injury or death to a person on or around it;
(2) the unpredictability of an equine or livestock animal's reaction to sound, a sudden movement, or an unfamiliar object, person, or other animal;
(3) with respect to equine activities, certain land conditions and hazards, including surface and subsurface conditions;
(4) a collision with another animal or an object; or
(5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or another, including failing to maintain control over the equine or livestock animal or not acting within the participant's ability."

With that, you need to read the definitions provided in the statute:
"3) 'Equine activity':
(D) riding, inspecting, or evaluating an equine animal belonging to another, without regard to whether the owner receives monetary consideration or other thing of value for the use of the equine animal or permits a prospective purchaser of the equine animal to ride, inspect, or evaluate the equine animal"
Source: http://www.capitol.state.tx.us/statutes/ci/ci0008700.html#top

One warning though... the above does NOT apply if:
"§ 87.004. Exceptions to Limitation on Liability
A person, including an equine activity sponsor, equine professional, livestock show participant, or livestock show sponsor, is liable for property damage or damages arising from the personal injury or death caused by a participant in an equine activity or livestock show if:
(1) the injury or death was caused by faulty equipment or tack used in the equine activity or livestock show, the person provided the equipment or tack, and the person knew or should have known that the equipment or tack was faulty;
(2) the person provided the equine or livestock animal and the person did not make a reasonable and prudent effort to determine the ability of the participant to engage safely in the equine activity or livestock show and determine the ability of the participant to safely manage the equine or livestock animal, taking into account the participant's representations of ability;
(3) the injury or death was caused by a dangerous latent condition of land for which warning signs, written notices, or verbal warnings were not conspicuously posted or provided to the participant, and the land was owned, leased, or otherwise under the control of the person at the time of the injury or death and the person knew of the dangerous latent condition;
(4) the person committed an act or omission with wilful or wanton disregard for the safety of the participant and that act or omission caused the injury;
(5) the person intentionally caused the property damage, injury, or death; or
(6) with respect to a livestock show, the injury or death occurred as a result of an activity connected with the livestock show and the person invited or otherwise allowed the injured or deceased person to participate in the activity and the injured or deceased person was not a participant as defined by Section 87.001(9)(B)."

So, 'totallybroke'..... Good response and on-topic! You did good! Thank you.
 
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southernponyboy

Guest
In Texas, a basic homeowners policy provides 'medical coverage, payable to others' which means to someone other than a household member.

This coverage applies whether the insured holds any liability or not. As long as the person was injured on the said property, the medical clause applies. (Except in case of business pursuit, as I stated earlier.)

The medical may be as small an amount as $250.00, but normal policies carry at least $5,000.00.

Halket-thanks for the SMART work on the liability portion of this potential claim. However, you would never make it as an insurance adjuster in Texas!
 

JETX

Senior Member
"Halket-thanks for the SMART work on the liability portion of this potential claim. However, you would never make it as an insurance adjuster in Texas!"

I know..... after all I am not qualified since I completed High School. <grin>
 
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infojunkie

Guest
THANK YOU SOOOO MUCH!!!!!!! I will sleep at night!!! This is just what I needed... sound advise and the source to retrieve it!!! You guys are great!! Just know that you helped a mother be in a better mood for her three small children! :>)
 

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