Liability and warning signs -- do you post?

[twelvegates]

A question for those who keep their horses at home…

I’m not a trainer and don’t have a boarding barn. To get to my barn, one must open a gate that is always kept closed (with a chain but no lock), while my pasture is fenced with no climb field wire with an electric line on the top.

I’ve been reading about liability cases, and started wondering whether there is any point to placing a general equine liability sign in my barn, as well as post “no trespassing” and “electric fence” signs. As far as I can tell, only professionals need post a liability sign in Colorado, and the wording is, “WARNING - Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.”

Will these signs protect me, should anyone decide to trespass on my property and get injured? If I invite someone onto my property and her child decides to go pet the horsie, who takes off a finger, is there any help from the liability sign? Do I have a duty to warn all of the time, or just with individuals that haven’t been around horses?

[Guilherme]

In TN the signs are mandated by statute if a person is to enjoy protection from some forms of liability.

See http://asci.uvm.edu/equine/law/equine/tn_equ.htm

It’s vital that each person who wishes to avail themselves of these protections strictly comply with local laws.

G.

[twelvegates]

As always, thank you kindly, G.

I was looking at the CO liability statute, and the requirement to post a liability sign seems to apply only to “professionals”:

I(a) Every equine professional [emphasis added] shall post and maintain signs which contain the warning notice specified in paragraph (b) of this subsection (5). Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional conducts equine activities if such stables, corrals, or arenas are owned, managed, or controlled by the equine professional. The warning notice specified in paragraph (b) of this subsection (5) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional’s business, shall contain in clearly readable print the warning notice specified in paragraph (b) of this subsection (5).

(b) The signs and contracts described in paragraph (a) of this subsection (5) shall contain the following warning notice:

WARNING

Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.[/I]

So is there any point in posting such signage, since I’m NOT an equine professional?

[Calamber]

No. I would post a No Trespassing sign and warning about electric fence just to be “neighborly”.

[ElementFarm]

I live in NC, so state laws may differ. But we have a liability sign posted. Locally, we also have an extensive road/trail network through many equestrian neighborhoods and many/most of those also have identical signs posted around their properties.

If I have a friend over to ride, and she falls off and gets injured. I don’t know if my posted signs will help, but they sure can’t hurt…

[Where_sMyWhite]

[QUOTE=twelvegates;8196981]
Will these signs protect me, should anyone decide to trespass on my property and get injured? If I invite someone onto my property and her child decides to go pet the horsie, who takes off a finger, is there any help from the liability sign? Do I have a duty to warn all of the time, or just with individuals that haven’t been around horses?[/QUOTE]

I am no attorney but I suspect that you could be sued regardless of the posting of signs. Signs may end up with the outcome being in your favor, but it may not stop the suit being filed.

In your example, the child’s health insurance company may go after you for payment. Parents may also choose to sue on liability grounds.

Messy business

[Guilherme]

The signs and the statutes that authorize them are Good Things. But to complete the picture you need a proper liability insurance policy. The sign might get you out of a suit but you’ll pay an attorney a fee to make that happen. Buy the policy and let the company pick up that bill. It’s cheap over time.

G.

[twelvegates]

Oh I have a great liability policy.

But does the language on the Colorado liability sign protect me at all, since I am not a horse professional, or should I alter it to indicate I am a just the horse/horse property owner?

[hosspuller]

12 Gates … For the trouble and cost of said sign … I would post it. It serves as a warning that horses are dangerous to the ignorant. As G said … It might get you out of a suit, and that chance is a good thing.

Having said that… What does your insurance company think about the usefulness of your state liability sign in your case? That’s more applicable to you.

PS … A well written letter to your state representative touting the benefits of horse farms to the increasingly urban developments may get you better protection as a farm owner. (I am on the town planning board. I constantly hear the desire for open space in my area.)

[normandy_shores]

I have signs along my perimeter fenceline that indicate it is an electric fence and to please not feed or pet horses as they may bite. Not the same as the liabikity waiver type signs but I figure it can’t hurt to have.

Then I feel like less of a jerk when I tell folks to leave my horses alone.

[DHCarrotfeeder]

[QUOTE=twelvegates;8197602]
Oh I have a great liability policy.

But does the language on the Colorado liability sign protect me at all, since I am not a horse professional, or should I alter it to indicate I am a just the horse/horse property owner?[/QUOTE]

It says “equine professional” so I’d say no, that’s not the sign for you.

My laymans understanding is that there are no firewalls against liability. They are layers of protection that reduce your exposure but don’t eliminate it. The more well-designed layers you put in place, the better you stand when an event occurs. Not only do the signs, etc help people be more careful, they deter lawsuits, and they help defend against a lawsuit.

So people-barriers and No Trespassing signs should help. Electric fences are for animals and although they might deter wanderers, aren’t technically for people at all and probably wouldn’t help. Signed waivers help quite a bit. A sign posting helps. Documentation or evidence that you took steps to protect others from the hazards on your property help.

Now in your state and county your laws may provide more black/white protection, and they definitely vary, but without a lawyer to review your laws, I think the above is a reasonable starting assumption.

Here in PA there is a standardized equine warning sign that has helped reduce stupid lawsuit traffic quite a bit. We have one on our barn door but probably should add another further up the driveway.

Hope this helps.

[Chall]

In NY, (Ithink), if you post a sign, “warning dangerous dog”, you are more responsible if your dog bites, because you were aware he was dangerous. So people put up, “dogs at play” signs instead.
Additionally, pools and ponies are “attractive nuisances” and owners must take additional precautions to prevent trespassing (double fence etc).

I’d stick with no trespassing and check with a lawyer if I wanted to do more.

[Angelico]

[QUOTE=twelvegates;8197602]
Oh I have a great liability policy.

But does the language on the Colorado liability sign protect me at all, since I am not a horse professional, or should I alter it to indicate I am a just the horse/horse property owner?[/QUOTE]

Even though technically you are are amateur in the horse world, not a professional, I would not at all be surprised if a court were to consider you a “horse professional”.

I’d definitely put up the signs.

[trubandloki]

Does your equine limitied liability law say anything about non-professionals? Or is the part you quoted the whole thing?

I live in NY, the land of no equine limited liability law so I simply bought a really good liability policy, a good fence and am thankful the neighbor across the street keeps a good eye on her kids.

[clanter]

[QUOTE=twelvegates;8197602]
Oh I have a great liability policy.

But does the language on the Colorado liability sign protect me at all, since I am not a horse professional, or should I alter it to indicate I am a just the horse/horse property owner?[/QUOTE]

Do Not alter the signs, post the official sign for your state …be sure it is of the proper size, proper font… but do not change anything on the sign itself

\ child decides to go pet the horsie, who takes off a finger, is there any help from the liability sign?

A horse like many things is an “attractive nuisance” (lakes/ponds are another big one) and you are liable unless you have taken extensive protective measurers to maintain a separation.

We are in the city with three public schools nearby… we had to double fence to maintain a clear zone where the kids couldn’t have easy access to the horses

[sid]

Yes, I post Virginia Equine Liability signs at the beginning of the road coming in and also right up by the barn/parking lot. Also No Trespassing signs on property lines.

[LauraKY]

Yes, I have one on my fence (2) along the road, one at the barn gate and another in the barn.

[Calamber]

Since your state law specifically says that you post the sign IF you are a professional, (New York, Virginia and North Carolina equine liability laws are totally different), I would not post the sign as that would indicate you are a professional. As far as the No Trespassing, that covers you if someone comes on the property. As another poster said, if you post the sign your are more liable, not less, as it not only indicates you are a professional but it also establishes that you are expecting people to enter your property. I would suggest you contact an attorney who is familiar with equine law and check to see how you are covered for your vet, hay delivery, etc. Also, as someone else has said, do not alter the sign. That is a law that you are posting and it is not alterable by you.

[shakeytails]

I have one posted on my private farm. It was free from KY Farm Bureau Insurance.

While I’m not a professional in the equine world, a lawyer could probably argue that I have professional knowledge. Kentucky’s statute also includes “other person” as well, so I’m covered. I don’t know that the sign would truly help much, but it surely can’t hurt.

[Calamber]

But Colorado’s statute, according to what is posted, does not include “other persons”. If you post the sign you are acknowledging that you are a professional.