Replies to This Discussion

Permalink Reply by Geoffrey Pannell on January 28, 2009 at 3:09am

Hi Roxy, The simple answer is to keep good records. If , like me you provide school horses, keep a log book of every thing that happens ,no matter how trivial it may seem . Also have a visitors book so people can sign and make comments about the horses ,the lesson or just about anything. Then if you do get a visit from the insurance people you can trot out the book and find any number of good comments about the operation you run and the horses you have. Just a word of warning , if you find you have a horse with a number of incident's you must be able to justify keeping the horse in the yard. I have found this system works very well. Also, the wavier we use is approved by the Equestrian Federation of Australia, and in this country waivers are legal documents. So if the client is made aware of the dangers ,and you have systems in place to make sure there is no negligence( witch I'm sure as a qualified coach you have ) then there's not to much too worry about. Unfortunately accidents will happen, it's the nature of the sport, but with good practises they are minimal and not serious usually. Cheers Geoff

Permalink Reply by Roxy on January 28, 2009 at 8:51am

Hmm, I have not heard of a wavier that is aproved by Equine Canada, but perhaps it is out there and I just don't know about it. I will definately look into that. The visitors book is a good idea too. We do have an "incident log book" that we write everything down in as it happens and have the person involved sign it to show that they have read it.
Thanks so much for the imput!

Permalink Reply by Mary McGuire Smith on January 28, 2009 at 1:11pm

The bad news....anyone can sue you for anything, justified or not. And there is nothing you can do to stop it.
The good news...most people don't.
The worse news...If someone does bring a lawsuit against you, it will cost you. Bigtime. Even if you win. You have to defend yourself, and even if you have liability insurance, and are successful in countersuing for recovery of most expenses, some (think of the time you will spend dealing with this, and lost revenue, and potential loss of reputation) expenses will never be recovered.

A bit of advice to mitigate that "worse news"

1. As you mentioned...safety, safety, safety. Spell it out to potential students from the very start. Be blunt. Be thorough in the explanation of your barn rules, arena rules, property rules, lesson rules, etc. When you have explained everything, ask if there are questions, and then make them sign a copy of the rules with the paragraph that they have read the rules, agree to comply and understand what they are signing. This means being very thorough (think: rigid) in how you conduct yourself, your business, and how others--employees, students, training clients, AND guests/visitors/uninvited people who wander onto your property--are handled.
2. Recordkeeping--everything and anything you can think of...from legal forms, such as your release, to a record of your lessons or training sessions with notes on horse, rider, content of lesson, anything out of he ordinary, any concerns, and if anything beyond the scope of the lesson was discussed--your horse looks a bit off today....oh, you fell off your horse when you were riding on your own property yesterday?, if the horse spooks at a large dumptruck that went by--even if the rider got it under control with no adverse effects,etc.). In other words, be thorough!
3. Accident/injury reports--these must be accurate and thorough, nd kept on file forever. It must be a full accounting of everything that happened, and include a history of the horse's riding record (which is related to point #2 above) if it is owned by you, or any known relative problems if it a student's own horse. The more detailed it is, the more it will help.
4. An insurance policy--the right kind, the right amount, and your thorough knowledge of what it covers, what it doesn't, and keep it updated...if you have ANY change in your business, consult with your insurance agent, and again, be very thorough, open and honest with him/her.
5. Get a lawyer, even if it just at first to make sure that all your documents legal forms for every aspect of your business are in fact, legal, and the wording will stand up in court. A lawyer that specializes in equine is the best choice.
6. Strongly consider becoming incorporated, and consult with the lawyer about this. You will be glad you did.

That you are concerned about this is a good thing. The steps you have to take to protect yourself are a pain in the butt, but the time you take will be well worth it.
(knock on wood, I have been in this business professionally for over 25 years, and I have never been sued)

Permalink Reply by Mary McGuire Smith on January 28, 2009 at 1:23pm

I just read Goeff's comment and your reply. Sorry to be redundant.
His comment about the guestbook is very good, because then you have good comments right from the rider themselves and all the visitors, as well....and I am glad that you have an incident book, too.
I would still consult with a lawyer, become close with your insurance agent :-), and look into incorporation. I know that things vary widely from country to country (in Europe, no one would DARE bring a lawsuit against an equine facility or owner....they figure you fall, your fault. You get hurt, tough. As soon as you get better, you owe everyone at the barn a drink, or cookies if you are a kid!! LOL), but here in the U.S. in certain states including mine, our release forms are legally binding as long as they are in the exact language that our law says they must be...I would certainly check it out to see if they are binding in your neck of the woods of CA, too. (this is another good reason to contact a lawyer--maybe it varies in regions up there, too).

Permalink Reply by Lallanslover on January 30, 2009 at 11:10am

In the UK, the only protection is having good insurance (either your own if working freelance, or offered by your employer if you teach at a school)! We now have a 'blame' culture, based on an increase in the no win-no fee legal brigade (or ambulance chasers as we like to call them). Waivers do not stand up in court as a legal document in the UK, much the same as pre-nups, although you are wise to ensure you have notified your clients of any risks involved when riding or handling horses. Being qualified and registered with one of the primary equine examination bodies can mean you get more reasonable rates on insurance cover, and a qualified team to back you up if the worst happens.

I like the idea of having a guest book, to provide evidence in the event of a law suit, that you have offered good service in the past. I always ask private clients for a personal, written, recomendation when I've been teaching them for a few months. It's builds up in my portfolio and could be used in much the same manner.
Always keep a record of any accident, no matter how small, especially if you are teaching freelance. That includes any misfortune that may befall you too.

If you do work for a school, ensure you read the small print in their insurance cover. One school I worked at was covered for lessons up to five riders, yet I often ended up with thirteen in a class, which meant none of us were covered in that instance. I left because of it!