Liability Waivers and the Colorado Equine “Professional”

The Importance of Liability Waivers for Equine Professionals

When it comes to horses and owner liability, two recent Colorado court cases underscore just how limited the exemption from civil liability is and the importance of liability waivers for anybody who owns a horse. A well-written liability waiver is a must for anybody who qualifies as an equine professional. And, surprise, you may be just that – an equine professional.

Most people who ride or own horses are aware of the Colorado law limiting civil liability for injuries caused by participating in equine activities. That statute is 13-21-119, C.R.S. In a very broad summary, those that ride horses assume the risk of injury and cannot recover from others when injured.

However, this exemption from liability does not always apply to an equine professional. Equine professionals must make reasonable and prudent efforts to determine the riding ability of others and protect those who participate in equine activities. For a precise definition of the law, one must actually read the statute.

Colorado Allows Limited Protection for Equine Professionals

To understand just how little protection an equine professional is afforded, one should read Waneka v. Clyncke, 04CA0811 (Colo.App. 12-15-2005). For a copy of Wanecka and the Chadwick case referenced below, please call our office. I enjoyed reading Wanecka because I am pretty sure the judges who wrote the opinion do not ride. I also enjoyed the case because it reinforces the rule that you can get an “expert” to testify to just about anything.

So, who is an equine professional? The answer may surprise you. Anybody who receives compensation for instruction or receives compensation for the use of a horse is an equine professional. In my experience, that means just about everybody who owns a horse.

There is a joke about the horse business, and it goes something like this. “I think I have finally figured out how to make a small fortune in the horse business – start out with a large fortune.” Horses, by golly, are expensive. Most horse owners try to defray costs by letting others use their horse, leasing or renting their horse or in some way bartering or providing services. Note that the statute speaks to compensation and not just hard currency.

Liability Waivers Protect Horse Owners and Equine Professionals from Limited Civil Liability

Short of lobbying your local, elected representative for a change in the law, what is a horse owner to do? Well, there is some good news. While the statute automatically limiting liability does not protect an equine professional, Colorado will enforce liability waivers executed by adults. The case on liability waivers is Chadwick v. Colt Ross Outfitters, 03SC458 (Colo. 11-8-2004). Chadwick stands for the proposition that with a properly written liability waiver, an equine professional can limit his or her liability for injuries even when those injuries are due to the negligence of the equine professional.

Get a Professional to Draft a Proper Liability Waiver for You

The key is a properly written liability waiver that is clear, unambiguous and fairly entered into. The court will try and determine if the party waiving his or her rights understood that is what they were doing when they signed the waiver or release of rights. There is no magic language. Sometimes simpler is better than long and complex.

Another trait I have noticed about horse owners is the absolute aversion to spending money other than on their beloved, four-hoofed friend. By that I mean the propensity to copy the neighbor’s waiver form rather than getting one of their own. So will cousin Bob’s waiver work just as well as the custom form drafted by your local legal counsel? Maybe. Maybe not. Guess we will only find out if there is a problem.