Equine Liability Releases

Equine activities come with inherent risks, making liability protection essential for horse owners, trainers, riding instructors, and boarding facilities. An equine liability release is one of the most effective ways to mitigate legal exposure. These documents outline the risks involved in equine activities and help protect businesses and individuals from legal claims in case of injury or property damage.

At Gueronniere Law, P.A., we assist equine professionals in drafting and enforcing liability releases that comply with Florida law, ensuring they provide maximum legal protection.

Understanding Equine Liability Releases

An equine liability release is a legal document that participants sign before engaging in equine activities. It serves as a waiver of liability, stating that the participant understands and accepts the risks associated with working with or riding horses.

While these releases do not provide absolute immunity from lawsuits, they significantly reduce the likelihood of legal liability when properly drafted and executed. Florida law provides certain legal protections for equine professionals, but a well-crafted liability release strengthens that protection.

Florida’s Equine Liability Law

Florida’s Equine Activity Liability Act (EALA) (Fla. Stat. § 773.01-773.06) provides liability protection for equine professionals and facility owners when injuries occur due to the inherent risks of equine activities. The law recognizes that horses are unpredictable animals and that participants assume certain risks.

However, equine professionals may still be held liable in cases involving:

• Negligence or willful misconduct (e.g., failing to maintain safe conditions).
• Providing faulty equipment that leads to an accident.
• Failure to assess a rider’s experience before assigning a horse.
• Not displaying required warning signs under Florida law.

A properly drafted equine liability release can reinforce these legal protections and further limit liability.

Key Elements of an Effective Equine Liability Release

A strong equine liability release should be clear, legally enforceable, and tailored to the specific activities of the business. Key elements include:

Clear Assumption of Risk

The waiver must explicitly state that the participant understands and voluntarily assumes the risks involved in equine activities. This includes risks such as falls, unpredictable horse behavior, and environmental hazards.

Release of Liability

The document should contain a clause stating that the participant agrees not to hold the equine professional or facility owner responsible for injuries or damages, except in cases of gross negligence or misconduct.

Compliance with Florida Law

Florida law requires that equine facilities post warning signs with specific language informing participants of the risks involved. A liability release should reference Florida’s Equine Activity Liability Act to reinforce its legal standing.

Parent or Guardian Signature for Minors

If minors are participating, a parent or legal guardian must sign the liability release, as minors cannot legally waive liability on their own.

Acknowledgment of Safety Rules

A well-drafted release should include language confirming that the participant has been informed of and agrees to follow all safety rules and guidelines established by the facility or trainer.

Indemnification Clause

This clause states that the participant (or their legal representatives) agrees to cover legal fees and damages if they decide to bring a claim despite signing the release.

Proper Execution

Liability releases should be signed and dated by the participant (or their guardian if they are underage) to be enforceable. Electronic signatures may be valid, but proper record-keeping is essential.

Who Needs an Equine Liability Release?

Any individual or business involved in equine activities should use a liability release to protect against legal claims. This includes:

• Riding instructors and trainers: Protects against claims from students and their families.
• Horse boarding facilities: Limits liability for accidents involving boarded horses.
• Trail riding operations: Ensures riders acknowledge and accept risks before participating.
• Equestrian event organizers: Protects against liability for injuries sustained during competitions or clinics.
• Breeding and sales operations: Reduces the risk of disputes when buyers or visitors interact with horses.

Even if Florida law provides some protection under the Equine Activity Liability Act, a waiver adds an extra layer of security and demonstrates that the participant knowingly accepted the risks.

Enforcing an Equine Liability Release

A liability release is only as strong as its enforceability. To ensure its effectiveness:

• Use clear, unambiguous language: Courts are more likely to uphold a waiver that is easy to understand.
• Make it a mandatory requirement: Do not allow participation in equine activities without a signed release.
• Keep signed copies on file: Maintain records for all participants to provide documentation if a legal dispute arises.
• Regularly review and update: Laws change, and business operations evolve. Periodic updates to the waiver ensure ongoing compliance and effectiveness.

How Gueronniere Law, P.A. Can Help

Drafting an enforceable equine liability release requires careful attention to Florida law and the specific needs of the business. At Gueronniere Law, P.A., we help equine professionals:

• Draft customized liability waivers that align with Florida’s Equine Activity Liability Act.
• Review and update existing waivers to ensure legal compliance and enforceability.
• Advise on best practices for waiver execution and record-keeping.
• Defend against liability claims if disputes arise over a signed release.

Protect Your Equine Business with a Strong Liability Release

Whether you run a riding school, boarding facility, or breeding operation, having a properly drafted equine liability release is essential for protecting your business. Florida law provides some protections, but a strong waiver reinforces these legal safeguards and limits exposure to liability.

If you need assistance creating or reviewing your equine liability release, contact Gueronniere Law, P.A. today to ensure your business is protected.