Written by Bill Pfund, Esq.
Virginia has a series of “Equine Activity” statutes, § 3.2-6200-§ 3.2-6203 that say that a person shall not be liable for an injury to or death of another resulting from the intrinsic dangers of horse riding (“equine activities”), and that no participant shall have any claim against, or recover from, any other person for injury or death of the participant resulting from the intrinsic dangers of equine activities.
Intrinsic dangers of equine activities is defined as those dangers or conditions that are an integral part of equine activities, including: (i) the propensity of horses to behave in ways that may result in injury, harm, or death to persons on or around them; (ii) the unpredictability of a horse’s reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (iii) certain hazards such as surface and subsurface conditions; (iv) collisions with other animals or objects; and (v) the potential of a participant acting in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the equine or not acting within the participant’s ability.
The Virginia statute goes on to say that no participant, or the parent or guardian of a participant, who has knowingly executed a waiver of their rights to sue, or agrees to assume all risks specifically enumerated under the statute, may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant engaged in an equine activity. The waiver must give notice to the participant of the intrinsic dangers of equine activities. The waiver remains valid unless expressly revoked in writing by the participant or parent or guardian of a minor.
This statute protects horse owners and sponsors of horse riding activities from lawsuits in most instances, however there are exceptions. No provision of these statutes prevents or limits the liability of someone who intentionally injures a participant. In addition, unless a waiver has been signed by the injured person or their parent/guardian, a person whose negligent act causes an injury to a participant may still be liable. A person who knowingly provides faulty equipment or tack which causes the injury or death of the participant is excluded from the provisions of these statutes, as is horse racing.
These statutes demonstrate the need for horse owners to require all riders to sign a waiver of liability/assumption of the risk document before riding their horse. While it is certainly a good idea for commercial equine facilities to prominently post warnings of the intrinsic dangers associated with equine activities, a warning sign may not be enough to bring them under the more protective provisions of the statute, which requires that the injured person has “knowingly executed a waiver of their rights to sue, or agrees to assume all risks specifically enumerated under the statute”.