Updated March 29, 2005

WHAT IS EQUINE LAW?

Equine law involves virtually all aspects of horses and horse-related activities. People, who enjoy horses or make a living from them, are also a component of Equine Law. Below are just a few of the countless legal issues which arise in the practice of equine law.

POINTS OF LAW INVOLVING HORSES LIABILITY

• The Florida Equine Activity Statute is not a complete “zero liability law.” The law contains exceptions which, allows injured persons or others on their behalf to sue under certain circumstances.
• The mere posting of the Florida Equine Warning Sign does not automatically relieve you from defending against a lawsuit when an incident occurs. In Florida, “equine professionals” or “equine activity sponsors” are not required to post warning signs if they use a legally valid, well written, and properly signed contract that includes the same “warning” language.

EQUINE SALES

• Under Florida law, if a buyer questions a seller of a horse regarding any problems the horse may have had or has (i.e., lameness, history of colic, etc.) the seller must disclose those problems. A seller is obliged to inform a buyer that a horse is unsuitable for a particular use, if the seller has been told by the buyer of that use and the seller knows the horse can’t or should not be used for that purpose. If not, the seller could be held accountable for any resulting damages.
• When a rider buys a horse from their trainer or a trainer assists them in finding the “right horse,” the trainer has a fiduciary duty towards the rider, and so the trainer must disclose all she or he knows about the horse. If not, the trainer could be held responsible for any resulting damages.
• A sales contract can protect a seller from future claims by the buyer if it states that the horse is sold “as is” and includes a disclaimer of warranty (that means no guarantees of future performance and soundness).
• If a buyer has nothing in writing to prove that he or she is the horse’s valid owner, breed registries will probably not forward the papers on a horse.

BENEFITS OF A CONTRACT

• Well written contracts which contain key elements of an arrangement, such as a boarding agreement, release of liability, purchase agreement, training agreement and lease agreement, can limit disputes or possibly eliminate disputes completely.
• “Form” contracts may fail to include language required by Florida law and may even contain illegal or unenforceable language.
• You may be able to prevail in getting back your legal fees in a lawsuit, if you use a carefully written contract from the start.

The above information is based upon general principals of law that may or may not apply to your particular situation and should not be relied upon without conferring with an attorney. In the event you have any questions of this writer, please contact me for further and more specific details.

Lisa B. Rudolph, Esquire
200 Executive Way
Ponte Vedra Beach, Florida 32082
(904) 285-1814

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