If you keep a horse on your property, you may have thought about potential liability in the event your horse hurts someone. People do stupid things around horses -- just look at Youtube.
The attractive nuisance doctrine is one legal concept that can apply to horses. Disclaimer, disclaimer! I'm not a lawyer. But I've read a little on the subject, Any legal eagles out there, feel free to jump in with comments.
The attractive nuisance doctrine originated in the late nineteenth century, after an alarming number of children were seriously injured or killed playing on railroad turntables. Going against the legal tradition that landowners had no duty to protect trespassers, courts were now ruling that children were an exception. The attractive nuisance doctrine specifically protects children. Property owners who have dangerous equipment or objects that are likely to attract children could be liable if kids are injured. An attractive nuisance is anything on a property that is artificially created that could pose a danger to a child who is too young to perceive risk or danger. A lake, cliff, or a particularly inviting oak tree would not be an attractive nuisance. A swimming pool, power tools, an old well, or a rider mower with keys in the ignition would be an attractive nuisance.
The bottom line
As a property owner, you could be held liable if a child is drawn by curiosity to something on your property that results in injury. If you have an old freezer out by the garage, you need to remove the door. If you have a swimming pool, you should fence it in. What if you have a horse?
Stay tuned for part II
Wednesday, December 16, 2009
Attractive nuisance: It's not a backward compliment Part I
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I look forward to part two because now you have me curious. What about trespassing? Does that not apply to children?
ReplyDeleteAlso, what liability on the owner if the intruder is trespassing? I for one have "No Trespassing" signs all over the farm. I once considered teaching a child to ride on a trusty old pony but decided against it because I did not trust her father if she fell off. Turns out it didn't matter, her interest was fleeting, but I'd feel bad if she'd really wanted to learn.
ReplyDeleteI live in Washington state, and we have some great laws regarding injury to people riding under the instruction of a professional. But last time I checked, if somebody trespasses on your property and gets injured by your horse in the process, you (the horse's owner, and/or the land owner) will be held accountable for it. The only way for horse owners to protect themselves from this, is to have full-coverage equine liability insurance.
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I live in Washington state, and we have some great laws regarding injury to people riding under the instruction of a professional. But last time I checked, if somebody trespasses on your property and gets injured by your horse in the process, you (the horse's owner, and/or the land owner) will be held accountable for it. The only way for horse owners to protect themselves from this, is to have full-coverage equine liability insurance.
ReplyDeletehttp://eventingakhaltekes.blogspot.com/
As a non-profit planning to have small groups out, I can tell you that liability and safety are HUGE issues. We've had friends out as practice visitors, and in spite of a detailed "Horses 101" I've seen some amazingly foolish behavior; even through a protective barrier like round pen panels. How about we DON'T let our 18 month old stick his little fist all the way in Max's mouth through the fence, okay Mom? Oh yeah, she did (and major points to Max for not doing anything at all - good man!)
ReplyDeleteWe are trying to raise enough funding (as we speak) to cover the high cost of liability insurance so we can "open" to visitors on a limited basis while we finish our facilities. Although we have the requisite signs posted and there is protective legislation in our state law, people can still sue you (we have a lawyer on our board) so we have to purchase the added insurance for our own protection. Can you say CYA? :o)
NJ has some good horse liabilty laws too, but I'm sure there are still plenty of ways for people to sue. Electric fencing isn't a bad deterrent....but I suppose someone would complain should a child get shocked....*sigh*
ReplyDeleteOh wow, I can't wait to read part 2. I am closer to the "protect them from themselves" generation and lawsuits over hot coffee, but I do have a little dream of someday having a little horse property. It's things like this that are must-know's and could be devastating.
ReplyDeleteI don't want children to lose fingers or be trampled, but I also don't want to lose everything because 'Little Jonny wanted to climb the fence and ride the horse' or something similar.
In WA state we had an acquaintence who got sued by the parents of teens who stole a row boat from their beachfront property and then capsized it out in the water - they didn't bother to steal the oars! They weren't seriously hurt but the parents of the boys used the attractive nuisance law claiming the boat "tempted" the teens (who had been drinking btw. Outlandish, eh?
ReplyDeleteMajor dilemma. I had this happen. Luckily, the kids parents scolded the kids for trespassing, and that was the end of it.
ReplyDeleteA friend advised me to put No Trespassing signs on the fence every 10 feet, along with "Warning, Horses". No idea if this would save you legally, but at least it proves you tried.
Hot-wiring the outside of the fence comes to mind, but unfortunately falls into the category of "don't we wish".
I have noticed some of the large barns in our area double fence? Property fencing with no trespassing signs, wide swath, then horse fencing.
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