Equine and Farm Animal Activity Liability Acts Now in 48 States – What They Are and Litigation Issues

This session introduces the Equine and Farm Animal Activity Liability Acts enacted across 48 states, explaining their general purpose and function. Learn why California and Maryland remain the only states without these statutes and understand the historical context driving their creation.

Explore the shared features among state equine liability laws, beginning with Washington’s 1989 pioneering statute. This session covers the Colorado pattern followed by many states and identifies outlier jurisdictions like Connecticut, Arizona, and Virginia with unique approaches.

Examine who qualifies for immunity protection under various state statutes, from narrow definitions covering only sponsors and professionals to broader language including any person. Learn how inherent risk definitions form the foundation of statutory protection and how participant status triggers coverage.

This session analyzes the six common exceptions that can defeat statutory immunity, including faulty tack, failure to make reasonable and prudent efforts, and dangerous latent land conditions. Special focus is given to the reasonable and prudent efforts exception as the most frequently litigated nationwide.

Understand which individuals may fall outside statutory protection, including spectators, carriage passengers, and casual visitors. This session examines court decisions addressing participant status disputes and the critical threshold question of whether someone was engaged in an equine activity.

Review the varying sign posting mandates across states, from Pennsylvania’s large three-foot-by-two-foot requirement to states like Ohio with no sign mandate at all. Learn common compliance errors and why generic warning signs do not satisfy statutory requirements.

A brief intermission allowing participants to refresh before continuing with the remaining program sessions. Use this time to review notes and prepare questions for upcoming topics.

Examine state-specific requirements for waivers and contracts, including Ohio’s requirement to specify each inherent risk and Arizona’s release as a condition precedent to immunity. Learn what Virginia, Kentucky, Iowa, and West Virginia mandate in written agreements.

Take a deeper look at states with unusual equine liability statutes, including Arizona’s release prerequisite, Virginia’s unique intrinsic risks terminology, and Connecticut’s entirely different statutory form. Minnesota’s nonprofit-only application is also examined.

Analyze how California relies on robust assumption of risk doctrine and Maryland operates under contributory negligence without equine liability statutes. Discover why practitioners in these states generally maintain they are not disadvantaged compared to EALA states.

Learn a systematic five-step approach for determining whether an EALA applies to any incident, from establishing participant status to verifying compliance with statutory requirements. This practical framework helps attorneys quickly assess statutory applicability.

Explore the trend of states converting equine statutes to farm animal activity liability acts, covering cattle, goats, llamas, and other animals. Understand the practical implications for agritainment businesses and the need to update signage and contracts.

Review the major litigation themes involving equine liability acts, including participant status disputes, faulty tack interpretation, and waiver effectiveness. Examine how courts in states like Georgia, Alabama, and Florida address non-compliance consequences.

Discover current developments including farm animal expansion, continuing duty considerations in horse-rider matching, and the reasonable and prudent efforts exception as a litigation hotspot. Key recent cases from multiple jurisdictions are analyzed.

Conclude with strategic considerations for both defense and plaintiff counsel in EALA litigation, including documentation best practices and jury instruction strategies. Key takeaways emphasize state variation, compliance importance, and the need for regular contract updates.